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Full text of "California Code of Regulations, (Vol. 37), Title 27, Environmental Protection"

^ 



Barclays Official 

California 

Code of 
Regulations 



Title 27. Environmental Protection 

Complete Title 



Vol. 37 



THOIVISOIM 

* 

\A/EST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Barclays Official California Code Of Regulations 

revised edition 

This edition of Barclays Official California Code of Regulations, revised on April 1, 1990, has been 
published under the direction of the California Office of Administrative Law which is solely respon- 
sible for its contents. Comments or questions regarding regulations published in this edition should 
be addressed to the State of California, Office of Administrative Law, 300 Capitol Mall, Suite 1250, 
Sacramento, CA 95814, (916) 323-6225. Errors reported will be promptly corrected in subsequent 
supplements. 

OFFICIAL PUBLICATION 

Courts are required to take judicial notice of contents of regulations published in the Official Califor- 
nia Code of Regulations (Gov. Code, § 1 1344.6). Barclays Official California Code of Regulations, 
as revised April 1 , 1990, has been certified by the Office of Administrative Law as the official publi- 
cation of the State of California for this purpose pursuant to title 1 , California Code of Regulations, 
section 190. 

CODE SUPPLEMENTS 

Amendments to the official Code are certified weekly by the Office of Administrative Law for publi- 
cation by Barclays. These amendments, when certified and published, become part of the Official 
California Code of Regulations, beginning with Register 90, No. 14, dated April 7, 1990, and include 
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CODE CITATION 

Cite all materials in the Official California Code of Regulations by title number and section number. 
Example: Title 3, California Code of Regulations, section 432 (Short form: Cal. Code Regs., tit. 3, 
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This material may not be commercially reproduced or sold in print or electronic forms without 

written permission of ThomsonAVest. 



Title 27 



Environmental Protection 



Title Table of Contents 



Title 27. Environmental Protection 



Table of Contents 



Page 

Division 1. General Functions and 

Responsibilities 1 oi 

Subdivision 0.5. Administration lOl 

Chapter 1 . Conflict of Interest Code for 
the Office of the Secretary of 
the Environmental Protection 
Agency of California lOl 

Chapter 2. Environmental Enforcement and 

Training Grant Program 102 

Article 1. Description, Procedures, 
Criteria, Restrictions, and 
Administration 102 

Chapter 3. Environmental Justice Small 

Grants Program 102.2 

Article 1 . Procedures and Criteria for 
Environmental Justice Small 
Grants Program 102.2 

Subdivision 1 . Permitting 102.3 

Chapter 1. Definitions 102.3 

Chapter 2. Consolidated Permits 102.4 

Chapter 3. Environmental Permits 108 

Article 1 . State Environmental Permit 

Processing Timelines 108 

Article 2. Appeal Procedures 1 1 3 

Chapter 4. Permit Consolidation Zone Pilot 

Program 115 

Article 1. Scope and Applicability 115 

Article 2. Definitions 115 

Article 3. Permit Consolidation Zone 

Application Process 116 

Article 4. Facility Compliance Plan 118 

Article 5. Miscellaneous Provisions 119 

Article 6. Reporting and Review 120 

Subdivision 4. State Delegation 401 

Chapter 1 . Unified Hazardous Waste and 

Hazardous Materials Management 
Regulatory Program 401 



Page 

Part I. Definitions, Application, 

and Certification 4()i 

Article 1 . Introduction 401 

Article 2. Definitions 402 

Article 3. Application Process 40.^ 

Article 4. Certification Process and 

Responsibilities 406 

Part II. Operations 407 

Article 5. Implementation and 

Maintenance of the Unified 

Program 407 

Article 6. CUPA Self-Auditing and 

Reporting 417 

Article 7. Changes in the Program 419 

Article 8. Performance Evaluations 420 

Article 9. Unified Program Standardized 

Forms and Formats 421 

Article 10. Business Reporting to CUPAs . . 422.1 

Article 8. Unified Agency Review of 
Hazardous Materials Release 
Sites 437 

Division 2. Solid Waste 601 

Subdivision 1. Consolidated Regulations for 
Treatment, Storage, Processing 
or Disposal of Solid Waste 601 

Chapter 1 . General 601 

Article 1. Purpose, Scope and 
Applicability of this 
Subdivision 6()i 

Chapter 2. Definitions 604 

Article 1. Statutory Definitions 604 

Article 2. Specific Definitions 604 

Chapter 3. Criteria for All Waste 

Management Units, Facilities, 

and Disposal Sites 61 1 

Subchapter 1 . General 61 1 

Article 1. CIWMB— General 61 1 

Subchapter 2. Siting and Design 61 1 

Article 1 . [Reserved by SWRCB] 61 1 

Article 2. SWRCB— Waste Classification 

and Management 611 



Page i 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Page 

Article 3. Waste Management Unit, 
Facility, or Disposal Site 
Classification and Siting 613 

Article 4. SWRCB — Waste Management 

Unit Construction Standards 616 

Subchapter 3. Water Monitoring 624 

Article 1 . SWRCB— Water Quality 
Monitoring and Response 
Programs for Solid Waste 
Management Units 624 

Article 2. [§20480-§ 20499 Reserved by 

SWRCB] 635 

Subchapter 4. Criteria for Landfills 

and Disposal Sites 635 

Article 1. CIWMB — Operating Criteria 635 

Article 2. Alternative Daily Cover 
Material and Beneficial 
Reuse 637 

Article 3. CIWMB — Handling, Equipment 

and Maintenance 641 

Article 4. CIWMB— Controls 642 

Article 5. CIWMB — Fire Control at Active 

and Closed Disposal Sites 643 

Article 6. Gas Monitoring and Control 
at Active and Closed 
Disposal Sites 643 

Subchapter 5. Closure and Post-Closure 

Maintenance 644.3 

Article 1 . General Standards for All 

Waste Management Units 644.3 

Article 2. Closure and Post-Closure 
Maintenance Standards for 
Disposal Sites and 
Landfills 645 

Article 3. SWRCB— Closure Standards for 

Units Other Than Landfills 652 

Article 4. Standards for Composting 

Facilities [Reserved] 652 

Chapter 4. Documentation and Reporting for 
Regulatory Tiers, Permits, 
WDRs, and Plans 653 

Subchapter 1 . CIWMB— General 653 

Subchapter 2. CIWMB— Regulatory Tiers 
[§21460-§21560 Reserved 
by CIWMB] 653 

Subchapter 3. Development of Waste 
Discharge Requirements 
(WDRs) and Solid Waste 
Facility Permits 653 

Article 1 . General 653 



Page 

Article 2. CIWMB— Applicant 

Requirements 654 

Article 3. CIWMB — Enforcement Agency 

(EA) Requirements 660. i 

Article 3. 1 . CIWMB— CIWMB 

Requirements 660.6 

Article 3.2. CIWMB— Other 

Requirements 661 

Article 4. SWRCB — Development of Waste 

Discharge Requirements 

(WDRs) 661 

Subchapter 4. Development of Closure/ 
Postclosure Maintenance 
Plans 666 

Chapter 5. Enforcement 670.3 

Articles 1-3. (Reserved— CIWMB) 670.3 

Article 4. Enforcement by Regional 

Water Quality Control Board 
(RWQCB) 670.3 

Chapter 6. Financial Assurances at Solid 

Waste Facilities and at Waste 
Management Units for Sohd 

Waste 671 

Subchapter 1. Definitions for Financial 
Assurance Demonstrations 
and Requirements 671 

Subchapter 2. Financial Assurance 

Requirements 673 

Article 1 . Financial Assurance for 

Closure 673 

Article 2. Financial Assurance for 

Postclosure Maintenance 674 

Article 3. CIWMB — Financial Assurance 
Requirements for Operating 
Liability 674 

Article 4. Financial Assurance 

Requirements for Corrective 

Action 675 

Subchapter 3. Allowable Mechanisms 675 

Article 1 . CIWMB — General Requirements 

for Mechanisms 675 

Article 2. CIWMB — Financial Assurance 

Mechanisms 680 

Subchapter 4. Financial Assurances 

Enforcement Procedures 684.2 

Article 1. Solid Waste Facilities 684.2 

Chapter 7. Special Treatment, Storage, and 

Disposal Units 685 

Subchapter 1 . Mining Waste Management 685 

Article 1. SWRCB— Mining Waste 
Management Regulations 
(CI 5: Article?) 685 



Page ii 



(7-18-2008) 



Title 27 Environmental Protection 

Page 

Subchapter 2. Confined Animals 692 Subdivision 2. 

Arlicle 1 . SWRCB— Confined Animal 

Facilities 692 Chapter 1. 

Subchapter 3. Composting Facilities Chanter 2 

[Reserved by CIWMB] 692 

Subchapter 4. Waste Tire Facilities 

[Reserved by CIWMB] 692 

Division 4. 

Subchapter 5. Transfer and Processmg 

Stations [Reserved by 

CIWMB] 692 Chapter I. 

Subchapter 6. Solar Evaporators 692. 1 

Article 1 . Solar Evaporator 

Regulations 692.1 Article 2. 

Chapter 8. Other Provisions 692.4 Article 3 

Subchapter 1. Financial Assistance 

Programs 692.4 

Arlicle 1. Landfill Closure Loan 

Program 692.4 

Division 3. Electronic Submittal of Article 4. 

Information 801 Article 5. 

Article 6. 
Subdivision 1 . Data Dictionary for Regulated 

Activities 801 ^j^j^j^ 7 

Chapter 1 . Facility Information 801 Article 8. 

Article 9. 
Chapter 2. Hazardous Materials 807 

Chapter 2. 

Chapter 3. Underground Storage Tank 812 

Chapter 4. Hazardous Waste 826 

Article I. 

Chapter 5. UP Information Collection and Article 2. 

Reporting Standards Unified 
Program Data Dictionary — CUPA Article 3 

Section 853 

Article 4. 

Chapter 6. Unified Program Consolidated Article 5. 

Forms 859 , . , ^ 

Article 6. 

Chapter 7. [Reserved] 899 Article 7. 



Title Table of Contents 

Page 

Data Dictionary for 

Environmental Monitoring 899 

Laboratory Reporting 899 

Well and Site Information 
Electronic Reporting Data 
Dictionaries 90.^ 

Office of Environmental Health 
Hazard Assessment iooi 

Safe Drinking Water and Toxic 
Enforcement Act of 1986 1 00 1 

Preamble and Definitions lOOl 

Guideline and Safe Use 
Determination Procedures 1002 

Science Advisory Board: 
Carcinogen Identification 
Committee and Developmental 
and Reproductive Toxicant 
(DART) Identification 
Committee 1004 

Discharge 1007 

Extent of Exposure 1008 

Clear and Reasonable 

Warnings 1009 

No Significant Risk Levels 1012 

No Observable Effect Levels ... 10I8 

Miscellaneous 1020 

Hazardous Substance Cleanup 

Arbitration Panel Hearing 

Regulations 1037 

General Provisions 1037 

Office of Environmental 

Health Hazard Assessment 1039 

Selection of Arbitrators 1040 

Authority of Arbitrators 1042 

Special Provisions 1043 

Hearings 1045 

Pleadinss I046 



• 



Page iii 



• ^ 

Barclays Official 

California 

Code of 
Regulations 



Title 27. Environmental Protection 

Division 1. General Functions and Responsibilities 



Vol. 37 



XHOIVISOIM 

^ 

\AAEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 27 



General Functions and Responsibilities 



Table of Contents 



Division 1. General Functions and Responsibilities 

Table of Contents 
Page 



Page 



Subdivision 0.5. Adminislralion lOJ 

Chapter I . Conflict of Interest Code for 

the Office of the Secretary of 
the Environmental Protection 

Agency of Cahfornia lOl 

§ lOOlO. General Provisions — Incorporation 
by Reference of Standard Conflict 
of Interest Code. 
Appendix 101 

Chapter 2. Environmental Enforcement and 

Training Grant Program 102 

Article 1 . Description, Procedures, 

Criteria, Restrictions, and 

Administration 102 

S 10011. Scope of Article. 

§ 10012. Definitions. 

$10013. General Provisions. 

§ 10014. Purpose of the Environmental 

Enforcement and Training Grant 

Program. 
§ 1001 5. Procedures for Applying for 

Discretionary Environmental 

Enforcement and Training Act 

Grants. 
§ 10016. Eligibility, Criteria, Review and 

Selection Process. 
§10017. Restrictions on Grants. 

§ 10018. Reporting Requirements for Grant 

Recipients. 

Chapter 3. Environmental Justice Small 

Grants Program 102.2 

Article 1. Procedures and Criteria for 

Environmental Justice Small 

Grants Program 102.2 

§ lOO.'SO. Purpose and Scope of Article. 

§ 10051. Definitions. 

§ 10052. Grant Award. 

S 10053. Restrictions on Environmental 

Jusfice Small Grants. 
§ 10054. Grant Application Procedures. 

§ 10055. Eligibility, Process for Awarding 

Grants, and Criteria. 
§ 10056. Project Period and Final Reports. 

Subdivision 1 . Permitting 102.3 

Chapter 1 . Definitions 102.3 

§ 10100. Consolidated Permit Definitions. 

Chapter 2. Consolidated Permits 102.4 

§ 10200. Procedure to Request a 

Consolidated Permit. 
§ 10201. The Consolidated Permit Agency 

Designation Process. 
§ 10202. Referral to Council. 

§10203. Consolidated Permit Agency 

Responsibilities. 
§ 10204. Meeting Agenda. 

§ 10205. Participating Permit Agencies. 

§ 10206. Public Review and Participation. 



Article 2. 

§ 10310 

§ 10311, 



§ 10207. Withdrawal of Permit Application. 

§ 10208. Fees. 

§ 10209. Petitions for Review. 

§ 10210. Amendments and Modifications. 

Chapter 3. Environmental Permits i()8 

Article 1 . State Environmental Permit 

Processing Timelines 108 

§ 10300. Department of Toxic Substances 

Control. 
§ 1 030 1 . The Department of Pesticide 

Regulation. 
§ 1 0302. The State Water Resources Control 

Board and the Regional Water 

Quality Control Boards. 
§ 10303. California Integrated Waste 

Management Board. 
§10304. Air Resources Board. 

§ 10305. Median, Minimum, and Maximum 

Times for Processing a Permit. 

Appeal Procedures 113 

State Environmental Permit 
Agencies that Violate Time Limits. 
Local Environmental Permit 
Agencies that Violate Consolidated 
Permit Time Limits. 

§ 10312. Local Environmental Permit 

Agencies that Violate Other Permit 
Time Limits. 

§10313. Completeness Appeals. 

Chapter 4. Permit Consolidation Zone Pilot 

Program 1 1 5 

Scope and Applicability 115 

Purpose. 

Definitions 115 

Definitions. 

Permit Consolidation Zone 
Application Process 116 

Eligibility for Designation as a 

Permit Consolidation Zone. 

Procedures for Submittal of a Zone 

Application. 

Informational Requirements for an 

Application for a Permit 

Consolidation Zone. 
§ 10405. Process for Approval of an 

Application for Designation of a 

Permit Consolidation Zone. 
§ 10406. Responsibilities of the Zone 

Administrator. 
§ 10407. Process for Amendment or 

Termination of a Zone Designation. 
§ 10408. Termination or Amendment of 

Permit Consolidation Zones; 

Process for Conversion of a Facility 

Compliance Plan to Individual 

Environmental Permits. 

Article 4. Facility Compliance Plan 118 

§ 10409. Contentsof the Facility Compliance 

Plan. 
§ 10410. Process for Submittal, Review, and 

Approval of a Facility Compliance 

Plan. 



Article 1. 


§ 10400. 


Article 2. 


§ 10401. 


Article 3. 


§ 10402. 


§ 10403. 


§ 10404. 



Page i 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Page 



§ 10411. 



Process to Amend a Facility 
Compliance Plan. 



Article 5. Miscellaneous Provisions 119 

§10412. Assessment of Fees. 

S 10413. Effective Date of a Facility 

Compliance Plan. 

§ 10414. Facility Compliance Plan Format. 

§ 10415. Facility Compliance Plan; Term. 

§ 10416. Reimbursement of Fees in the Event 

a Permit Consolidation Zone is 
Amended or Terminated or a 
Facility Compliance Plan is 
Withdrawn. 

§ 10417. Enforcement of Facility Compliance 

Plan. 

§ 10418. Confidentiality. 

Article 6. Reporting and Review 120 

§ 10419. Reports Required to Be Submitted 

by the Zone Administrator to the 
Review Panel. 

Subdivision 4. State Delegation 401 

Chapter 1. Unified Hazardous Waste and 

Hazardous Materials Management 
Regulatory Program 401 

Part I. Definitions, Application, 

and Certification 401 

Article 1 . Introduction 401 

§15100. Unified Program. 

Article 2. Definitions 402 

§ 15110. Unified Program Definitions. 

Article 3. Application Process 403 

§ 15120. Certified Unified Program Agency 

Applicants. 

§15130. Applicafion Nonces. 

§15140. Must proposed participating 

agencies enter into final agreements 
with the applicant agency before the 
application is submitted? 
[Repealed] 

§ 15150. Information Provided in an 

Application. 

Article 4. Certification Process and 

Responsibilities 406 

§15160. Certification Process. 

§ 15170. Criteria the Secretary Will Use to 

Evaluate Applications. 

Part II. Operations 407 

Article 5. Implementation and 

Maintenance of the Unified 

Program 407 

§ 15180. Maintenance of Certification and 

Administration. 
§ 15185. Information Collection, Retention, 

and Management. 
§ 15186. Unified Program Consolidated Form 

(UPCF). 
§ 15187. Unified Program Consolidated Form 

— CUPA Responsibilities. 

§ 15 1 87. 1 . What are the requirements for use of 

electronic signatures with electronic 
submittals of Unified Program 
information? [Repealed] 

§ 15188. Unified Program Consolidated Form 

— Business Responsibilities. 
§15189. Digital Signatures. 

§ 15190. Permitting. 



Page 

§ 15200. Inspection and Enforcement. 

§15210. Single Fee System. 

§ 15220. Fee Accountability Program. 

§ 15230. What are a participating agency's 

responsibilities within the Single 

Fee System? [Repealed] 
§ 15240. State's Surcharge Responsibilities. 

§ 1 5241 . Establishing the Single Fee for 

Designated State Agencies. 
§ 15242. Definifions. 

§ 15250. CUPA Surcharge Responsibilities. 

§ 1 5260. CUPA — Educafion, Technical 

Expertise, and Training. 
§ 15270. PA — Education, Technical 

Expertise and Training. 

Article 6. CUPA Self-Auditing and 

Reporfing 417 

§ 15280. Self-Auditing. 

§ 15290. Reporting. 

Article 7. Changes in the Program 419 

§ 15300. Prior Notification and Approval by 

the Secretai'y. 
§ 15310. What .are the notification and 

approval procedures for activities 

which require prior approval from 

the Secretary? [Repealed] 
§ 1 5320. Withdrawal of a Certification. 

Article 8. Performance Evaluations 420 

§ 1 5330. Evaluafion of CUPAs and PA's. 

Article 9. Unified Program Standardized 

Forms and Formats 421 

§ 15400. Unified Program Consolidated 

Form. 
§ 1 5400. 1 . Format of the UPCF and its 

Required Elements. 
§ 15400.2. What is the relationship between the 

UPCF and the forms previously 

adopted by State departments for the 

individual program elements? 

[Repealed] 
§ 15400.3. Use the UPCF and Alternafive 

Versions. 
§ 15400.4. CUPA-Required Additional 

Information. 
§ 15410. What forms must be used by 

Household Hazardous Waste 

facilities regulated under the Unified 

Program? 

Article 10. Business Reporting to 

CUPAs 422.1 

§ 15600. Required Business-to-CUPA 

Submission. 
§15610. Use of UPCF and 

Business-Generated Facsimiles. 
§ 15620. Updated, Amended, Revised, or 

Resubmitted UPCF. 
Appendix A Certified Unified Program Agency (CUPA) 

Application Cover Sheet Completeness 

Checklist 424 

Appendix B Certified Unified Program Agency (CUPA) 

Applicant Certification 425 

Article 8. Unified Agency Review of 

Hazardous Materials Release 

Sites 437 

§ 16100. Applicability. 

§16110. General Provisions. 

§ 16120. Definifions. 

§16130. Designadon of Lead Agency. 

§ 16140. Determination of Administering 

Agency Qualification. 
§16150. Site Certificafion. 



• 



Page ii 



Title 27 



General Functions and Responsibilities 



§ 10010 



TITLE 27. ENVIRONMENTAL PROTECTION 



Division 1. General Functions and 
Responsibilities 

Subdivision 0.5. Administration 



Chapter 1 . Conflict of Interest Code for the 

Office of the Secretary of the Environmental 

Protection Agency of California 

§ 10010. General Provisions — Incorporation by Reference 
of Standard Conflict of Interest Code. 

The Political Reform Act (Government Code Sections 81000, et. seq.) 
requires state and local government agencies to adopt and promulgate 
Conflict of Interest Codes. The Fair Political Practices Commission has 
adopted a regulation (2 Cal. Code of Regulations Section 18730) which 
contains the terms of a standard Conflict of Interest Code which can be 
incorporated by reference into an agency's code. After public notice, it 
may be amended by the Fair Political Practices Commission to conform 
to amendments in the Political Reform Act. Therefore, the terms of 2 Cal- 
ifornia Code of Regulations Section 18730 and any amendments to it 
duly adopted by the Fair Political Practices Commission are hereby in- 
corporated herein by reference. Tliis regulation and the attached Appen- 
dix designating officials and employees and estabhshing disclosure cate- 
gories, shall constitute the Conflict of Interest Code of the Office of the 
Secretary for Environmental Protection Agency of California. 

Designated employees shall file their statements with the agency who 
will make the statements available for public inspection and reproduc- 
tion. (Government Code Section 81008). Upon receipt of the state- 
ment(s) for Agency Secretary. Chief of Staff, Undersecretary, Deputy 
Secretaries and Assistant Secretaries, the agency shall make and retain 
a copy and forward the original of these statements to the Fair Political 
Practices Commission. Statements for all other designated employees 
will be retained by the agency. 

Appendix 

Category I. 

(I) Agency Secretary. Undersecretary. Deputy Secretaries. Assistant 
Secretaries, Officers. Counsels. Chiefs, Scientists, Managers, Directors, 
Associate Governmental Program Analysts, Agency Information Offi- 
cer, members of the Hazardous Materials Appeal Board, and Consul- 
tants*. 

(II) Every person in this Category must report: all sources of income, 
interests in real property and investments, and business positions in a 
business entity. 

* With respect to consultants the Agency Secretary or his designee, 
may determine in writing that a particular consultant, although a "desig- 
nated position," is hired to perform a range of duties that is hmited in 
scope and therefore is not required to fully comply with the disclosure 
requirements described in this section. Such written determinations shall 
include a description of the consultant's duties and, based upon that de- 
scription, a statement of the extent of disclosure requirements. The 
Agency Secretary's or his designee's determination is a public record 
and shall be retained for public inspection in the same manner and loca- 
tion as this conflict of interest code. 



Category II. 

(I) Analysts, Information Systems Technicians, and Engineers. 

(II) Every person in this Category must report: all investments and 
business positions in business entities, and sources of income, which are 
subject to the regulatory, permit, or licensing authority of the California 
Environmental Protection Agency. 

Category III. 

(I) Administrative Assistants, Executive Secretaries and Executive 
Assistants. 

(II) Every person in this Category must report: all investments and 
business positions in business entities, and sources of income which pro- 
vide services, supplies, materials machinery or equipment of the type uti- 
lized by the California Environmental Protection Agency. 



List of Desi^naled Positions 

Agency Secretary 

Undersecretary 

Deputy Secretaries 

Assistant Secretaries 

Officers 

Counsels 

Chiefs 

Scientists 

Directors 

Managers 

Associate Governmental Program Analysts 

Agency Information Officer 

Board Members (i.e. Hazardous Waste Appeals Board) 

Consultants 

Analysts 

Information Systems Technicians 

Engineers 

Administrative Assistants 

Executive Secretaries 

Executive Assistants 



Dis( losurc Categories 



Category 1 

All sources of income, interests in real property and investments, and 
business positions in business entities. 

Category 2 

All investments and business positions in business entities, and 
sources of income, which are subject to the regulatory, permit, or licens- 
ing authority of the California Environmental Protection Agency. 

Category 3 

Investments and business positions in business entities, and sources of 
income, which provide services, supplies, materials, machinery or equip- 
ment of the type utilized by the California Environmental Protection 
Agency. 



*With respect to consultants, the Agency Secretary, however, may determine in 
writing that a particular consultant, although in a "designated position," is hired 
to perform a range of duties that are limited in scope and thus is not required to fully 
comply with the disclosure requirements described in this section. Such determi- 
nation shall include a description of the consultant's duties and, based upon that 
description, a statement of the extent of disclosure requirements. The Agency Sec- 
retary's determination is a public record and shall be retained for public inspection 
in the same manner and location as this conflict of interest code. 
NOTE: Authority cited: Sections 87300 and 87306, Government Code. Reference: 
Sections 87300, 87301, 87302 and 87500. Government Code; and Section 1 8730 
of Title 2, Division 6 of California Code of Regulations. 

History 

1. New subdivision 0.5, chapter 1 and section filed 1-10-96: operative 2-9-96. 
Approved by Fair Political Practices Commission 1 1-1-95 (Register 96, No. 2). 

2. Repealer of section and new section and Appendix filed 7-23-2002; operative 
8-22-2002. Approved by Fair Political Practices Commission 5-16-2002 
(Register 2002, No. 30). 



Page 101 



Register 2003, No. 32; 8-8-2003 



§ 10011 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Chapter 2. Environmental Enforcement and 
Training Grant Program 



Article 1. Description, Procedures, Criteria, 
Restrictions, and Administration 



§10011. Scope of Article. 

These regulations apply to applicants seeking Environmental En- 
forcement and Training Act grants under the Environmental Enforce- 
ment and Training Grant Program established by the Secretary of the 
California Environmental Protection Agency. The regulations in this Ar- 
ticle provide the following as required by Penal Code section 14301: 

(a) Describe procedures for applying for Environmental Enforcement 
and Training Act grants. 

(b) Describe criteria to be used in determining which applications will 
be funded. 

(c) Describe the administrative and fiscal requirements governing the 
receipt and expenditure of Environmental Enforcement and Training Act 
grant funds. 

NOTE; Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), 
Penal Code. 

History 

1. New chapter 2, article I (sections 1001 1-10018) and section filed 8-7-2003; 
operative 9-6-2003 (Register 2003, No. 32). 

§10012. Definitions. 

(a) The definitions contained in Section 14300(b) of the Penal Code 
are incorporated herein by reference. 

(b) "Cal/EPA" means the California Environmental Protection 
Agency 

NOTE: Authority cited: Section 14301, Penal Code. Reference: Section 14300(b), 
Penal Code. 

History 
1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32). 

§ 10013. General Provisions. 

(a) These regulations implement provisions in the Environmental En- 
forcement and Training Act of 2002. The Act created a potential funding 
source for California environmental training, investigation and enforce- 
ment activities. The Secretary has established the Environmental En- 
forcement and Training Grant Program to allocate and award funds, upon 
appropriation by the Legislature, to public agencies or private nonprofit 
organizations for purposes of supporting and enhancing statewide envi- 
ronmental enforcement and training programs for peace officers, fire- 
fighters, investigators, state and local environmental regulators, and pub- 
lic prosecutors pursuant to Penal Code section 14301, et seq. 

(b) The Environmental Enforcement and Training Grant Program 
funds are derived from the Environmental Enforcement and Training Ac- 
count. This Account may provide up to two million dollars ($2,000,000) 
annually for distribution by the Secretary, upon appropriation by the Leg- 
islature, as follows: 

(1) Twenty-five percent or one hundred thousand dollars ($100,000) 
whichever is less to the Commission on Peace Officer Standards and 
Training. 

(2) Twenty-five percent to the Environmental Circuit Prosecutor Proj- 
ect through the California District Attorney's Association. 

(3) Twenty-five percent to the California District Attorneys Associa- 
tion. 

(4) Twenty-five percent to the Secretary for discretionary grants as al- 
lowed by Penal Code commencing with sections 14306 or 14309 based 
on demonstrated need or in order to sustain the current level of presence 
and enforcement for those programs. 



(c) The Secretary shall consult with the Commission on Peace Officer 
Standards and Training prior to providing any grant funds for peace offi- 
cer education and training programs. 

NOTE: Authority cited: Section 14301. Penal Code. Reference: Sections: 
14300(c). 14300(d). 14301(a)(3). 14301(c). 14303(a), 14314(a), 14314(b), 
14314(0) and 14314(d), Penal Code. 

Hlstory 
I . New section filed 8-7-2003: operative 9-6-2003 (Register 2003, No. 32). 

§ 10014. Purpose of the Environmental Enforcement and 
Training Grant Program. 

The Secretary has established the Environmental Enforcement and 
Training Grant Program in order to provide financial assistance for state- 
wide enforceiTient and training programs to enhance enforcement of en- 
vironmental laws. Under this program, the Secretary is authorized to 
award both mandatory and discretionary training and enforcement 
grants. 

(a) Upon appropriation, grant funds shall be awarded by the Secretary 
to: 1) the Commission on Peace Officer Standards and Training; 2) the 
Environmental Circuit Prosecutor Project through the Cahfomia District 
Attorney's Associafion; and 3) the California District Attorneys Associa- 
tion in accordance with the Act and these regulations. 

(b) Discretionary grant funds may be awarded by the Secretary to pub- 
lic agencies or private nonprofit organizations and local environmental 
regulators in accordance with the Act and these regulations. 

NOTE; Authority cited: Section 14301, Penal Code. Reference: Sections 14301(c), 
14314(c), 14301(d), 14309(c)(1), 14306(a), 14307(a), 14308(a), 14308(b) and 
14314(d)(1), Penal Code. 

History 
1 . New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32). 

§ 1 001 5. Procedures for Applying for Discretionary 

Environmental Enforcement and Training Act 
Grants. 

(a) To apply for an enforcement and training grant under this program, 
qualified entities must complete an application as specified by the Secre- 
tary. The application will require the following information: 

( 1 ) The organizafion's name, physical mailing address and post office 
box, telephone and fax numbers, and e-mail and web page addresses. 

(2) The application must be signed by a person duly authorized by the 
applicant organization and provide the authorized person's telephone 
and fax numbers, and e-mail address. 

(3) The name of the person with day-to-day responsibility for the 
project (if different from authorized representative) and that person's 
telephone and fax numbers, and e-mail address. 

(4) A narrative/work plan that describes the applicant's proposed proj- 
ect. The narrative/work plan must contain the following information: 

(A) Identify the environmental enforcement and/or training objectives 
to be addressed by the project. 

(B) Identify the enforcement and/or training target audience. 

(C) Identify the environmental statutes/acts addressed by the project. 

(D) Provide a concise introduction that states the nature of the orga- 
nization including documentation to support the organizations non-prof- 
it status. 

(E) Identify how long the organization has been in existence. 

(F) Describe how the organization has been successful in the past. 

(G) Describe the environmental justice component of the program re- 
quired by Section 1001 6(b)(3), or the reason(s) such a component is not 
included in the project. 

(H) Provide project completion plans/fime frames, and expected re- 
sults. 

(I) Provide a conclusion discussing how the applicant will evaluate 
and measure the success of the project, including the anficipated benefits 
and challenges in implementing the project. 

(J) Provide budget figures/projections to support the work-plan narra- 
tive. 

(K) Provide a succinct explanation of how the project may serve as a 
model in other settings. 



Page 102 



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Title 27 



General Functions and Responsibilities 



§ 1(H)18 



(L) Provide an appendix with resumes ol" key personnel who will be 
significantly involved in the project, including the project lead. 

(M) Provide letter(s) of commitment if your proposed project includes 
the significant involvement of other organizations. 
NOTE: Authorily cited: Section 14301. Penal Code. Reference: Sections 14301(c), 
14314(c). 14301(d). 14309(c)(1). 14306(a), 143()7(a). 14308(a), 143()8(b) and 
14314(d)(1). Penal Code. 

H i. STORY 
1. New section Hied 8-7-2003; operative 9-6-2003 (Register 2003, No. 32). 

§ 10016. Eligibility, Criteria, Review and Selection Process. 

(a) Eligibility. 

( 1 ) Individuals are not eligible to receive grants. 

(2) Any private nonprofit or public entity may submit an application 
for di.scretionary grants. 

(3) Applicants that have previously received grant funds may be eligi- 
ble for future grant awards. 

(4) Organizations that have not received previous grants under the En- 
vironmental Enforcement and Training Grant program may receive pref- 
erence over organizations currently or previously having been autho- 
rized grant awards. 

(5) Local environmental regulators may request local assistance grants 
to assist in the enforcement of environmental laws, based upon a showing 
of substantial need and a lack of other available funding sources. 

(6) The Commission may seek additional grant funding based on need 
if the environmental law enforcement training is mandated or if there are 
substantial changes in the law that require it to revise its environmental 
law courses. 

(7) Applications that propose projects that are inconsistent with the 
Agency's statutory authority are ineligible for funding and will not be 
evaluated. 

(b) Criteria. The narrative/work plan will be used as the primary basis 
for awarding grants. The Secretary will award grants based upon the fol- 
lowing criteria: 

( 1) The Secretary will consider only one application per applicant for 
a given project. Applicants may submit more than one application if the 
applications are for separate and distinct projects or activities. 

(2) Every application will be evaluated based on the merit of the pro- 
posed project in comparison to other applications. Past performance may 
be considered during the evaluation process for those applicants who 
have received previous grants. 

(3) California Law requires the Agency to conduct its programs in a 
manner that ensures the fair treatment of people of all races, cultures, and 
income levels including minority populations and low-income popula- 
tions in the State. Receipt of grant awards will be conditioned upon the 
incorporation of environmental justice objectives as they relate to envi- 
ronmental enforcement into proposed training courses. Training courses 
should therefore include, as appropriate, one or more of the following 
components: 

(A) Developing an understanding of environmental justice laws and 
principles. 

(B) Developing targeted enforcement projects or plans benefiting 
communities most burdened by pollution sources or impacts. 

(C) Ensuring public participation and information sharing whenever 
possible. 

(4) Applicants may receive grants to develop a new activity or substan- 
tially improve the quality of existing programs upon a showing that the 
project will have a direct impact on environmental enforcement and/or 
training activities. 

(5) The Secretary will review and consider the responsiveness of the 
work plan to the Agency's environmental enforcement and training ob- 
jectives, the overall effectiveness of the project design, the clarity of the 
measures of success and the qualifications of project staff. 

(c) Review And Selection Process 



The Secretary will review, evaluate, and select grant recipients. Ap- 
plications will be screened to ensure that they meet all requirements de- 
scribed in this Article. 

(1) After all applications are received, the Secretary will mail ac- 
knowledgements to applicants. 

(2) After the individual projects are reviewed and evaluated the Secre- 
tary will compare the applications and make final selections. Additional 
factors that the Secretary may take into account in the selection process 
include geographic and socioeconomic balance; diverse nature of the 
projects, cost, and projects whose benefits can be sustained after the grant 
is completed. 

(3) Once applications have been recommended for funding, the Secre- 
tary will notify the finalist(s) in writing by mail and request additional in- 
formation necessary to complete the award process, such as tax identifi- 
cation numbers. The finalist(s) may be required by existing law to 
complete addiuonal government forms prior to receiving grant funds. 

(4) Limited funding is available and the Secretary may not fund all ap- 
plications. 

(5) The Secretary will notify in writing by mail those applicants whose 
projects are not selected for funding. 

(6) The decision of the Secretary concerning the discretionary grants 
awarded pursuant to this section is final and not subject to appeal. 
NOTE: Authority cited: Section 14301, Penal Code. Reference: Section 14301(b). 
Penal Code; and Sections 71 1 10(a). 71 1 10(b) and 71 1 10(c), Public Resources 
Code. 

History 
1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003. No. 32). 

§ 10017. Restrictions on Grants. 

(a) Grant funds can only be used for the purposes set forth in an ap- 
proved narrative/workplan, and must be consistent with the statutory au- 
thority for the award. 

(b) Grant funds cannot be used for lobbying, or intervention in state 
or federal regulatory proceedings. 

(c) Grant funds cannot be used for matching state or federal funding. 

(d) State law requires all grantees to certify and assure that they will 
comply with all applicable state laws, regulations, and requirements be- 
fore receiving funds. 

NOTE; Authority cited; Section 14301, Penal Code. Reference: Section 14301(b), 
Penal Code. 

History 

1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32). 

2. Change without regulatory effect amending subsection (b) filed 1 1-1(>-2(X)4 
pursuant to section 100, title 1 , California Code of Regulations (Register 2004, 
No. 47). 

§ 1 001 8. Reporting Requirements for Grant Recipients. 

(a) Grant funded projects should be completed within the time frames 
set out in the work plan. 

(b) The recipient organization is responsible for the successful 
completion of the project. 

(c) All recipients must submit quarterly and final reports to the Secre- 
tary within 30 days of the end of the quarter or end of the project for final 
reports. 

(d) Unused grant funds remaining at the end of the fiscal year may be 
forfeited. 

(e) The Secretary may require an audit or financial accounting from 
a grant recipient at any time. 

(f) The Secretary will collect, review, and disseminate grantees' final 
reports, as appropriate to serve as model programs and will use the re- 
ports to develop information for mandated reports to the Governor and 
the Legislature. 

NOTE: Authority cited: Section 14301, Penal Code. Reference: Sections 14301(b) 
and 143L^, Penal Code. 

H [STORY 
1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32). 



Page 102.1 



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§ 10050 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Chapter 3. 



Environmental Justice Small 
Grants Program 



Article 1. Procedures and Criteria for 

Environmental Justice Small Grants 

Program 

§ 10050. Purpose and Scope of Article. 

The purpose of this grant program is to provide financial assistance to 
eligible non-profit community groups such as community-based grass- 
roots organizations and federally recognized tribal governments, that are 
working on or plan to carry out projects to address environmental justice 
issues in areas adversely affected by environmental pollution and haz- 
ards. 

(a) The regulations in this Arficle provide the following as required by 
Section 7 1 1 16 of the Public Resources Code: 

(1) Describe procedures for applying for the Environmental Justice 
Small Grant Program. 

(2) Describe criteria for determining which applications shall be 
funded. 

(3) Describe the administrative and fiscal requirements governing the 
receipt and expenditure of Environmental Justice Small Grant funds. 
NOTE: Authority cited: Section 71116, Public Resources Code. Reference: Sec- 
tion 71 1 16(b). Public Resources Code. 

History 
1. New chapter 3. article I (sections 10050-10056) and section filed 4-1-2004; 
operative 4—1-2004 pursuant to Government Code section 1 1343.4 (Register 
2004, No. 14). 

§10051. Definitions. 

For the purposes of this article, the following definitions shall apply: 

(a) The definitions contained in Secfion 71 116(c)(2) and Government 
Code section 65040.12 are incorporated herein by reference. 

(b) "Cal/EPA" means California Environmental Protecfion Agency. 

(c) "Secretary" means the Agency Secretary for the California Envi- 
ronmental Protection Agency or his or her designee(s). 

NOTE: Authority cited: Section 71 1 16, Public Resources Code. Reference: Sec- 
tions 71 1 16(c)(2) and 71 1 16(i), Public Resources Code. 

History 
1. New section filed 4-1-2004; operative 4-1-2004 pursuant to Government 
Code section 1 1343.4 (Register 2004, No. 14). 

§10052. Grant Award. 

(a) The maximum amount of a grant provided pursuant to this section 
is twenty thousand dollars ($20,000). 

NOTE: Authority cited: Section 71116, Public Resources Code. Reference: Sec- 
tion 71 1 16(i), Public Resources Code. 

History 

1. New section filed 4-1-2004; operative 4-1-2004 pursuant to Government 
Code section 1 1343.4 (Register 2004, No. 14). 



§ 10054. Grant Application Procedures. 

(a) In order to receive grant funds for activities set forth under Section 
71 1 16 of the Public Resources Code, applicants shall complete an ap- 
plication process in accordance with the following requirements: 

( 1 ) Applicants shall submit an applicafion and a narrative/work plan: 

(A) The narrative/work plan shall describe the applicant's proposed 
project. 

(B) The narrative/work plan shall be used as the primary basis for fund 
allocation. Work plans shall be submitted to the Secretary in accordance 
with timelines established by the Secretary. 

(C) The narrative/work plan shall contain the following information: 

1. Identify the environmental justice issue(s) to be addressed by the 
project. 

2. Identify the environmental justice community/target audience. 

3. Identify the program goal that the project shall meet and how it shall 
meet it. 

4. Provide an explanation of how the project may serve as a model in 
other settings. 

.5. Provide an introduction that states the nature of the applicant's orga- 
nization. 

6. Identify how long the organizafion has been in existence. 

7. Describe how the organization has been successful in the past. 

8. Provide project completion plans/time frames, and expected results. 

9. Provide a project description that describes how the applicant is 
community-based and/or plans to involve the target audience in the proj- 
ect. 

10. Provide a conclusion discussing how the applicant shall evaluate 
and measure the success of the project, including the anticipated benefits 
and challenges in implementing the project. 

1 1 . Include an appendix with resumes of up to three key personnel who 
shall be significantly involved in the project, including the project lead. 

1 2. If the proposed project includes the significant involvement of oth- 
er community organizations, appUcants must include letter(s) of commit- 
ment from these organizations. 

13. Provide documentation to support the organization's non-profit 
status or proof of federal recognition of tribal status. 

14. Provide budget figures/projections to justify the requested award 
amount. 

(D) The application shall contain the following required information: 

1. The organization's name, physical mailing address and post office 
box, telephone numbers, e-mail and web page address. 

2. The application must be signed by a person duly authorized by the 
applicant's organization and provide the authorized person's telephone 
and fax numbers, and e-mail address. 

3. The name of the person with day-to-day responsibility for the proj- 
ect (if different from authorized representative) and that person's tele- 
phone and fax numbers, and e-mail address. 

NotE: Authority cited: Section 71 116, Public Resources Code. Reference: Sec- 
tion 71 1 16(a)(1), Public Resources Code. 

History 
1. New section filed 4-1-2004; operative 4-1-2004 pursuant to Government 
Code section 1 1343.4 (Regi.ster 2004, No. 14). 



§ 10053. Restrictions on Environmental Justice Small 
Grants. 

(a) The restrictions contained in secfion 71 1 16(d)-(g) of the Public 
Resources Code are incorporated herein by reference. 

(b) Grant recipients shall use the grant award to fund only the project 
described in the recipient's application. Recipients shall not use the grant 
funding to shift moneys from existing or proposed projects to activities 
for which grant funding is prohibited or as described in secfion 10053(a) 
above. 

NOTE; Authority cited: Section 71116, Public Resources Code. Reference: Sec- 
tion 711 16(d)-(g), Public Resources Code. 

History 

1. New section filed 4-1-2004; operative 4-1-2004 pursuant to Government 
Code section 11343.4 (Register 2004, No. 14). 



§ 10055. Eligibility, Process for Awarding Grants, and 
Criteria. 

(a) The Secretary shall announce the availability of Environmental 
Justice grants on the Cal/EPA website and post a deadline of 90 days for 
the receipt of grant applicafions. Grant applicafions must be returned on 
or before the close of the 90-day application period specified in the no- 
tice. The Secretary shall review, evaluate, and select grant recipients. Ap- 
plications shall be screened to ensure that the application and the projects 
described therein comply with all of the requirements set forth in Sec- 
fions 10053-10055 in this Article, including, but not limited to, restric- 
tions, procedures, work plan requirements and criteria, and comply with 
the requirements set forth in Secfion 71 1 16 of the Public Resources 
Code. Applications shall be disqualified if any requirements are not met. 



Page 102.2 



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Title 27 



General Functions and Responsibilities 



§ 10100 



• 



(b) If the application package is complete it shall be reviewed and eva- 
luated by the Secretary based on the criteria outlined below: 

( 1 ) Threshold Criteria. Applications that propose projects that are in- 
consistent with Cal/EPA's statutory authority for this grant program or 
the goals for the program are ineligible for funding and shall not be eva- 
luated. The Secretary shall notify in writing by mail those applicants 
whose projects are ineligible for funding. 

(2) Evaluation Criteria. Proposals shall be evaluated using the follow- 
ing criteria: 

(A) Responsiveness of the work plan to environmental justice issues. 

(B) Effectiveness of the project design. 

(C) Clarity of the measures of success. 

(D) Qualifications of project staff. 

(c) The Secretary may consider only one application per applicant for 
a given project. Applicants may submit more than one application if the 
applications are for separate and distinct projects. Applicants that pre- 
viously received grant funds may submit an application for future grants. 

(d) Tlie Secretary may give preference to organizations that have not 
received previous grants under the Cal/EPA Environmental Justice 
Small Grants Program. 

(e) Every application shall be evaluated based on the merit of the pro- 
posed project in comparison to other applications. Past performance may 
be considered during the evaluation process for those applicants who 
have received previous grants under the Cal/EPA Environmental Justice 
Small Grants Program. 

(f) The Secretary shall compare all applications eligible for funding 
and make final selections after the individual projects are reviewed and 
evaluated. Additional factors that the Secretary may take into account in 
the selection process include geographic and socioeconomic balance; 
cost, and projects whose benefits can be sustained after the grant is com- 
pleted. 

(g) After all applications are received, the Secretary shall mail ac- 
knowledgments to all applicants. Once applications have been approved 
for funding, the Secretary shall notify the finalist{s) and request addition- 
al information in existing law necessary to complete the award process 
such as tax identification numbers. The Secretary shall notify in writing 
by mail those applicants whose projects are not selected for funding. 

(h) The decisions of the Secretary concerning grant funding are final 
and not subject to appeal. 

(i) State law requires all grantees to certify and assure that they shall 
comply with all applicable state laws, regulations, and requirements be- 
fore receiving funds. 

NOTE: Authority cited: Section 71 1 16, Public Resources Code. Reference: Sec- 
tions 71116 and 7111 6(a)( 1 ), Public Resources Code. 

History 

1. New section filed 4-1-2004; operative 4-1-2004 pursuant to Government 
Code section 1 1343.4 (Register 2004, No. 14). 



§ 10056. Project Period and Final Reports. 

(a) Grant funded projects shall be completed and funds spent within 
the time frame specified in the grant award. 

(b) The recipient organization is responsible for the successful 
completion of the project. 

(c) Unless specified in the award, all recipients must submit quarterly 
reports to the Secretary within 30 days of the end of the quaner. 

(d) All grant recipients shall submit final reports to the Secretary for 
approval within ninety (90) days of the end of the project period. Each 
final report shall include, at a minimum: (1) summary of the expenditures 
of the grant funds; and (2) the results of the project including a description 
of the benefits achieved by the project as compared to the measures of 
success that the applicant included in its application. 

(e) The Secretary shall collect, review, and disseminate grantee's final 
reports to serve as model programs. 

(f) The Secretary may require an audit or financial accounting from a 
grant recipient at any time. 

(g) Any funds not used during the project period shall be forfeited. 



NOTE: Authority cited: Section 71116, Public Resources Code. Reference: Sec- 
tion 71 1 16(a)(2), Public Resources Code. 

History 

1. New section filed 4-1-2004; operative 4-1-2004 pursuant to Government 
Code section 11343.4 (Regi.ster 2004, No. 14). 



Subdivision 1. Permitting 



Chapter 1. Definitions 



§ 10100. Consolidated Permit Definitions. 

(a) "Applicant" means a person who applies to an environmental 
agency for a permit, registration, certification, or permission to take spe- 
cific action pursuant to the provisions of this division. 

(b) "Comprehensive risk assessment" means, for the purpose of sec- 
tions 10200 and 10201, a quantitative estimate of risk to human health 
and the environment that provides for both acute and chronic effects that 
could occur now and in the future. The assessment is conducted for all 
chemicals at the facility of potential concern. The assessment is based on 
a theoretical daily dose a human or non-human receptor would receive 
by all exposure routes. 

(c) "Consolidated permit" means a permit incorporating the environ- 
mental permits granted by environmental agencies for a project and is- 
sued in a single permit document by the consolidated permit agency. 

(d) "Consolidated permit agency" means the environmental agency 
that has the greatest overall jurisdiction over a project. 

(e) "Consolidated permit application form" means a form, as autho- 
rized by subsection (e) or (0 of section 1 5399.56 of the Government 
Code, that can be used in lieu of separate application forms for each com- 
ponent environmental permit that would be provided by the consolidated 
permit agency and the participating permit agencies. 

(0 "Consolidated permit notification" is a form used by an applicant 
to notify the Secretary of the applicant's request to have a consolidated 
permit issued for the applicant's project. 

(g) "Council" means the California Environmental Policy Council. 
The council consists of the following members or their designees: 

(1) The Secretary for Environmental Protection. 

(2) The Director of Pesticide Regulation. 

(3) The Director of Toxic Substances Control. 

(4) The Chairperson of the State Air Resources Board. 

(5) The Chairperson of the State Water Resources Control Board. 

(6) The Director of the Office of Environmental Health Hazard 
Assessment. 

(7) The Chairperson of the California Integrated Waste Management 
Board. 

(h) "Environmental agency" means any of the following: 

(1) The Department of Toxic Substances Control, the Department of 
Pesticide Regulation, the State Air Resources Board, the State Water Re- 
sources Control Board, the California Integrated Waste Management 
Board, the Office of Environmental Health Hazard Assessment. 

(2) A California regional water quality control board. 

(3) A district, as defined in section 39025 of the Health and Safety 
Code. 

(4) An enforcement agency, as defined in Section 40130 of the Public 
Resources Code. 

(5) A county agricultural commissioner with respect to his or her ad- 
ministration of Division 6 (commencing with Section 11401) and 7 
(commencing with Section 12501) of the Food and Agricultural Code. 

(6) The local agency responsible for administering Chapter 6.7 (com- 
mencing with Section 25280) of the Health and Safety Code concerning 
underground storage tanks and any underground storage tank ordinance 
adopted by a city or county. 

(7) The local agency responsible for the administration of the require- 
ments imposed pursuant to Section 1 3370.5 of the Water Code. 



Page 102.3 



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§ 10200 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(8) Any other state, regional, or local permit agency for the project that 
participates at the request of the permit applicant upon the agency's 
agreement to be subject to this division. 

(i) "Environmental Permit" means any license, certificate, registra- 
tion, permit, or other forms of authorization, to include remedial action 
authorizations, required by an environmental agency to engage in a par- 
ticular activity. "Environmental permit" includes, but is not limited to. 
activities subject to Chapter 4.5 (commencing with Section 65920) of Di- 
vision 1 ofTitle 7 of the Government Code, if the activities are under the 
jurisdiction of an environmental agency. "Environmental permit" does 
not include any certification or decision for the purpose of the California 
Environmental Quality Act pursuant to Division 13 (commencing with 
Section 2I0(X)) of the Public Resources Code. 

(j) "Good cause" has the same meaning as defined in Section 15376, 
subdivision (h), of the Government Code. 

(k) "Greater overall jurisdiction" means the environmental agency 
that has the greatest authority over the project due to statutory require- 
ments, regulatory requirements, or requirements pertaining to the protec- 
tion of human health and the environment. 

(/) "Local environmental agency" means any of the following: 

(1) A district, as defined in section 39025 of the Health and Safety 
Code. 

(2) An enforcement agency, as defined in Section 40130 of the Public 
Resources Code. 

(3) A county agricultural commissioner with respect to his or her ad- 
ministration of Division 6 (commencing with Section 11401) and 7 
(commencing with Section 12501) of the Food and Agricultural Code. 

(4) The local agency responsible for administering Chapter 6.7 (com- 
mencing with Section 25280) of the Health and Safety Code concerning 
underground storage tanks and any underground storage tank ordinance 
adopted by a city or county. 

(5) The local agency responsible for the administration of the require- 
ments imposed pursuant to Section 13370.5 of the Water Code. 

(6) Any other regional or local permit agency for the project that par- 
ticipates at the request of the permit applicant upon the agency's agree- 
ment to be subject to this division. 

(m) "Participating permit agency" means an environmental agency, 
other than the consolidated permit agency, that is responsible for the is- 
suance of an environmental permit for a project. 

(n) "Petitioner" means any individual, trust, joint stock company, 
business concern, corporation, including, but not limited to, a govern- 
ment corporation, partnership and association. "Petitioner" also may in- 
clude any city, county, district, commission, the State or any department, 
agency, or poHtical subdivision thereof, any interstate body, the Federal 
Government or any department or agency thereof to the extent permitting 
by law. 

(0) "Project" means an activity, the conduct of which requires an envi- 
ronmental permit from two or more environmental agencies. 

(p) "Remedial action" has the same meaning as defined in subdivision 
(g) of Section 25260 of Division 20 of the Health and Safety Code, 
(q) "Secretary" means the Secretary for Environmental Protection, 
(r) "State environmental agency" means any of the following: 

( 1 ) The Department of Toxic Substances Control, the Department of 
Pesticide Regulation, the State Air Resources Board, the State Water Re- 



sources Control Board, the California Integrated Waste Management 
Board, the Office of Environmental Health Hazard Assessment. 

(2) A California regional water quality control board. 

(3 ) Any other state permit agency for the project that participates at the 
request of the permit applicant upon the agency's agreement to be subject 
to this division. 

NOTE: Authority cited: Sections 71 001 and 7 1 020, Public Resources Code. Refer- 
ence: Sections 71010, 7101 1, 71012. 71013, 71014, 7101.'5, 71016 and 71017, 
Public Resources Code. 

History 

1. New subdivision 1. chapter 1 and section filed 7-12-95; operative 8-1 1-93 
(Re2isler95. No. 28). 



• 



Chapter 2. Consolidated Permits 

§ 1 0200. Procedure to Request a Consolidated Permit. 

The consolidated permit applicant shall complete a consolidated per- 
mit notification in order to be considered for a consolidated permit. The 
notification must include, at a minimum, all of the following: 

(a) a description of the project to include: 

( 1 ) name of the applicant; 

(2) name of the business; 

(3) location of the facility; 

(4) description of the activities being permitted at the facility; and 

(5) applicable SIC codes. 

(b) a preliminary list of environmental permits that may be required for 
the project; 

(c) a list of any additional permits pursuant to Section 7101 1(h) of the 
Public Resources Code; 

(d) the identity of any public agency that has been designated a lead 
agency for the purpose of the Permit Streamlining Act, Chapter 4.5 (com- 
mencing with Section 65920) of Division 1 ofTitle 7 of the Government 
Code; 

(e) the identity of any public agency that has been designated a lead 
agency for the purpose of the California Environmental Quality Act pur- 
suant to Division 13 (commencing with Section 21000) of the Public Re- 
sources Code; 

(f) the name of the environmental agency that the applicant believes 
to have the greatest overall jurisdiction for the project; 

(g) if applicable, the names of any environmental agencies that the 
applicant does not want to be the consolidated permit agency; 

(h) if applicable, the name of the environmental agency that the appli- 
cant wants to be the consolidated permit agency; 

(i) the name and telephone number of the permit agencies that admin- 
ister the permits listed in (b) and (c); 

(j) if a Comprehensive Risk Assessment has been completed for the 
project, the findings are to be included with the notification; and 

(k) any additional information deemed necessary by the Secretary to 
facilitate selection of the consolidated permit agency. 
NOTE: Authority cited: Sections 71001 and 7 1020, Public Resources Code. Refer- 
ence: Sections 71020 and 71021, Public Resources Code. 

History 
1 . New chapter 2 and section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 

28). 



• 



[The next page is 103. 



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Title 27 



General Functions and Responsibilities 



§ 10203 



• 



§ 1 0201 . The Consolidated Permit Agency Designation 
Process. 

(a) The Secretary will designate the consolidated permit agency within 
30 days of the date that the notification is received. The Secretary is then 
responsible for notifying the environmental agency of the decision on the 
same day that the environmental agency is designated as the consolidated 
permit agency. The Secretary will select the consolidated permit agency 
according to the following priority: 

( 1 ) If an agency is designated lead by the CEQA process pursuant to 
Division 13 (commencing with Section 21000) of the Public Resources 
Code, that agency will be the consolidated permit agency; 

(2) If an agency is designated a lead agency for the purpose of the Per- 
mit Streamlining Act, Chapter 4.5 (commencing with Section 65920) of 
Division 1 of Title 7 of the Government Code, that agency will be desig- 
nated as the consolidated permit agency; 

(3 ) If the first or second priorities do not apply, the Secretary will select 
the environmental agency that the Secretary judges to have the greatest 
overall jurisdiction over the project, to be the consolidated permit 
agency. The Secretary will consider the following factors: 

(A) the types of facilities or activities that make up the project; 

(B) the types of public health and safety and environmental concerns 
that should be considered in issuing environmental permits for the proj- 
ect; 

(C) the environmental medium that may be affected by the project, the 
extent of those potential effects, and the environmental protection mea- 
sures that may be taken to prevent the occurrence of, or to mitigate, those 
potential effects; 

(D) the regulatory activity that is of greatest importance in preventing 
or mitigating the effects that the project may have on public health and 
safety or the environment, such as evaluating comparable risks asso- 
ciated with the project; 

(E) a comprehensive risk assessment, if applicable; 

(F) the statutory and regulatory requirements that apply to the project; 

(G) the geographical location of the project; 

(H) the available resources of the environmental agency to carry out 
the responsibilities of the Consolidated Permit Agency; and 

(1) the application submitted pursuant to Health and Safety Code sec- 
lion 25262(b), if applicable, and the reason, if known, that an Administer- 
ing Agency was not selected pursuant to Health and Safety Code Section 
25^262(c). 

(b) If the environmental agency that was initially designated as the 
consolidated permit agency declines the designation, the environmental 
agency will be relieved of all obligations associated with that designation 
as of the date of receipt of their refusal by the Secretary. When the Secre- 
tary receives the refusal, the Secretary will then refer the project to the 
Council for the designation of a consolidated permit agency. If the coun- 
cil decides to designate the original agency that declined the designation, 
that agency shall then again be responsible for all obligations associated 
with being the consolidated permit agency. 

NOTE: Authority cited: Sections 71001 and 7 1020, Public Resources Code. Refer- 
ence: Sections 71020 and 71021, Public Resources Code. 

History 
1 . New section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 28). 

§10202. Referral to Council. 

For any issue that is referred to the council, the council's decision will 
be by majority vote of those council members present, after consideration 
of all relevant information relating to the project. The council will have 
45 working days upon receiving the referral to evaluate the referral, make 
a determination, and notify the Secretary of the council's decision. The 
Secretary will then have 15 working days to inform the environmental 
agency of its designation as the consolidated permit agency. 
NOTE: Authority cited : Sections 7 1 00 1 and 7 1 020, Public Resources Code. Refer- 
ence: Section 71020, Public Resources Code. 

History 
] . New section filed 7-12-95; operative 8- J 1-95 (Register 95, No. 28). 



§ 10203. Consolidated Permit Agency Responsibilities. 

The consolidated permit agency shall do the following: 

(a) Upon being selected as the consolidated permit agency, the consol- 
idated permit agency will contact, within 5 working days of being desig- 
nated the consolidated permit agency, the applicant and all environmen- 
tal permit agencies that have been identified by the applicant as being 
participating permit agencies, as defined in Section 71016 of the Public 
Resources Code. The consolidated permit agency will inform the appli- 
cant and the participating permit agencies of the time, date, and location 
of the meeting required by Section 7 1 022 of the Public Resources Code. 

(b) ensure that the permit applicant has all of the information needed 
to apply for all of the permits that will be required for the project, which 
shall include at a minimum the following: 

( 1 ) conduct a preapplication meeting with the applicant and participat- 
ing agencies; 

(2) any guidance documents from participating permit agencies; 

(3) permit applications. The consolidated permit agency will inform 
the applicant at the meeting that the applicant has the choice of using ei- 
ther the permit applications that are supplied by the participating permit 
agencies or the applicant can use a consolidated permit application form; 

(4) schedules for technical review; 

(c) coordinate the review of all participating agency permits. The con- 
solidated permit agency shall coordinate review among the participating 
agencies through: 

( 1 ) informal agreements between agencies that specify agency respon- 
sibilities as a participating permit agency; 

(2) establishment of time lines; 

(3) agreed upon action plans; 

(d) ensure that permit decisions are made in a timely manner by all of 
the participating permit agencies. This shall be accomplished by: 

(1 ) ensuring that the participating permit agencies identify and request 
any additional information needed to complete the apphcation within 30 
days of the receipt of the permit application by the participating permit 
agency; 

(2) coordinating the dates of any hearings that may be required. The 
permitting agency requiring the hearing will be responsible for conduct- 
ing the hearing. Tlie consolidated permit agency will only participate in 
the hearing if requested by the permitting agency; 

(e) assist in promptly resolving any conflicts or inconsistencies that 
may arise during the course of the project. This shall be accomplished in 
any of the following ways: 

(1 ) the participating permit agencies shall formally identify to the con- 
sohdated permit agency any conflict or inconsistency among environ- 
mental permit requirements and conditions within 30 working days of 
discovering a problem; 

(2) hold and facilitate meetings of all involved parties to resolve con- 
flict or inconsistency within 15 working days of the date that the consoli- 
dated permit agency was formally notified of the problem; or 

(3) for conflicts or inconsistencies that cannot be resolved by the con- 
solidated permit agency, the directors, or their designees, of the agencies 
in conflict shall meet and resolve the conflict. 

(f) During the consolidated permit process but after the initial meeting, 
if an additional environmental permit is identified as being required for 
the project, that environmental agency responsible for issuing that permit 
shall be contacted by the consolidated permit agency and informed of 
that environmental agency's designation as a participating permit 
agency. This newly identified agency shall supply any required applica- 
tions and guidance documents to the applicant within 10 working days 
of being contacted by the consolidated permit agency. 

(g) The consolidated permit agency shall compile all participating per- 
mit agency permits as well as the consolidated permit agency's own per- 
mit, into a consolidated permit. The consolidated permit agency shall is- 
sue the consolidated permit to the applicant within 30 days of the date the 
last participating permit agency permit is issued. 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(h) The participating permit agency is responsible for the technical re- 
view of that agency's permit renewals and/or permit modifications. The 
applicant will submit any permit renewal requests and/or permit modifi- 
cation requests directly to the participating permit agency responsible for 
that permit. The participating permit agency will then supply any ap- 
proved permit modifications and renewals to the consolidated permit 
agency within 30 days of approval of each permit. The consolidated per- 
mit agency is then responsible for incorporating all modifications and re- 
newals of the environmental permits into the consolidated permit. The 
consolidated permit agency shall then send a copy of the consolidated 
permit to the applicant. 

(i) The consolidated permit agency shall keep the consolidated permit 
on file at the consolidated permit agency's office. The consolidated per- 
mit agency shall handle all review requests for the consolidated permit. 

(J) The consolidated permit agency is responsible for tracking statuto- 
ry and regulatory time limits. 

(k) The consolidated permit process shall not be construed to limit or 
abridge the powers and duties granted to a participating permit agency 
pursuant to the law that authorizes or requires the agency to issue an envi- 
ronmental permit for the project. Each participating permit agency shall 
retain its authority to make all decisions on all nonprocedural matters 
with regard to the respective component environmental permit that is 
within its scope of its responsibility, including, but not limited to, the de- 
termination of environmental permit application completeness, environ- 
mental permit approval or approval with conditions, or environmental 
permit denial. The consolidated permit agency may not substitute its 
judgement for that of a participating permit agency on any such nonpro- 
cedural matters. 

NOTE: Authority cited: Sections 71001 and 71020, Public Resources Code. Refer- 
ence; Sections 71021, 71022 and 71024, Public Resources Code. 

History 
1. New section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 28). 



§10204. Meeting Agenda. 

The consolidated permit agency shall convene a meeting within 15 
working days of the date of designation as consolidated permit agency. 
The permit applicant and all participating permit agencies shall partici- 
pate in the initial meeting. At a minimum, the following matters shall be 
on the meeting agenda: 

(a) Attempt to identify any permits that are required for the project. 
There will be no penalty to the consolidated permit agency or participat- 
ing permit agencies if they fail to identify any required additional per- 
mits; 

(b) Discussion of the apphcation forms and any other requirements of 
the consolidated permit agency and the participating permit agencies; 

(c) The consolidated permit agency and each participating permit 
agency shall disclose to the applicant the established time limits that the 
agencies shall meet for issuing their environmental permits. 

(d) A determination of time schedules noting, at a minimum, the fol- 
lowing dates: 

(1) dates that the completeness reviews for each permit application 
will be complete; 

(2) dates that the technical reviews for each permit application will be 
complete; 

(3) dates of final permit decisions for each participating agency; 

(4) estimated dates of any public hearings that are required to issue per- 
mits for the project; 

(5) date the consolidated permit agency will complete and issue the 
consolidated permit. 

(e) a discussion of any relevant fees required by any participating per- 
mit agency including an estimate of the fees by the consolidated permit 
agency to cover the costs of performing the consolidated permit services; 

(f) all participating permit agencies and the consolidated permit 
agency are each responsible for meeting any permit processing time 
schedule agreed to by that agency at the initial meeting. 



(g) The permit agencies shall not adopt accelerated time schedules that 
would be inconsistent with or in conflict with the requirements of section 
71022(a)(4) of the Public Resources Code. 

(h) If the applicant is unable to attend meetings, fails to attend meet- 
ings, or fails to supply requested information, all time limits shall be 
tolled. The time limits will be tolled until such time as the applicant per- 
forms the required task. If the applicant fails to supply the required infor- 
mation, the consolidated permit agency may terminate the consolidated 
permit process. 

NOTE: Authority cited: Sections 71 001 and 7 1 020, Public Resources Code. Refer- 
ence: Section 71022, Public Resources Code. 

History 
1 . New section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 28), 

§ 10205. Participating Permit Agencies. 

(a) Upon being notified of the meeting required by Section 71022 of 
the Public Resources Code, the participating permit agency is responsi- 
ble for participating in the initial meeting 

(b) At the meeting, representative of the participating permit agency 
shall identify to the applicant any required permits that the participating 
permit agency requires for the project. The participating permit agency 
representative will then ensure that the required permit applications and 
guidance documents are supplied to the applicant. 

(c) Each participating permit agency shall retain its authority to make 
all decisions with regard to the determination of the participating permit 
agency's permit as per section 71021 (d) of the Public Resources Code. 
This authority includes decisions regarding modifications, renewals, and 
revocations of permits. Thus, the participating permit agency can issue 
its permit decision at any time during the consolidated permit process. 

(d) Upon making a permit decision for the project, the participating 
permit agency shall send a copy of the permit decision, including a copy 
of any environmental permits issued for the project, to the consolidated 
permit agency for incorporation by the consolidated permit agency into 
the final consolidated permit document. 

(e) A participating permit agency is only removed from the consoli- 
dated permit process when either of the following occurs; 

(1 ) The participating permit agency is removed from the consolidated 
permit process at the request of the applicant pursuant to Section 
71023(b) of the Public Resources Code; or 

(2) when the participating permit agency has completed both of the 
following; 

A. has responded to any public comments received during the Public 
Review and Participation Section (c); and. 

B. the participating permit agency issues its permit decision. 

C. the participating permit agency has provided all written comments 
received, any responses to those comments, and its permit decision to the 
consolidated permit agency. 

NOTE: Authority cited: Sections 71001 and 71020, Public Resources Code. Refer- 
ence: Sections 71021, 71022, 71023, 71024 and 71025, Public Resources Code. 

History 
1. New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28). 

§ 10206. Public Review and Participation. 

A summary of all decisions made pursuant to the consolidated permit 
for the project shall be made available for public review and comment 
upon the filing of the consolidated permit application form or the permit 
applications. 

(a) The consolidated permit agency shall make the summary available 
for public review and comment by the following methods: 

(1 ) Mailing a copy of the summary to the following persons: 

A. the applicant; 

B. any other agency which has issued or is issuing a permit for the same 
project or activity; and 

C. any other interested parties. 

(2) Copies available at the offices of the consolidated permit agency 
and all participating permit agencies. 

(3) Issuing a public notice of the summary. The public notice shall in- 
clude; 



• 



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Title 27 



General Functions and Responsibilities 



§ 10210 



A. Name of the applicant; 

B. Location of the project; 

C. Brief description of the project; 

D. The name and address of the consolidated permit agency; 

E. Procedure for the public to get a copy of the summary; and 

F. Any additional information deemed necessary by the consolidated 
permit agency. 

(b) The public will have 30 days from the date that the public notice 
is issued to send comments concerning the summary to the consolidated 
permit agency. 

(c) The consolidated permit agency shall respond to all public com- 
ments about the summary within 30 days of receipt. 

NOTE;: Authority ciled: Sec(ions71001 and 7 1020, Piibhc Resources Code. Refer- 
ence: Section 71022, Public Resources Code. 

History 
1. New section filed 7-12-93: operative 8-1 1-95 (Register 95, No. 28). 

§ 10207. Withdrawal of Permit Application. 

(a) The permit applicant may withdraw from the consolidated permit 
process by submitting to the consolidated permit agency a written re- 
quest, at any time until the consolidated permit is issued, that the process 
be terminated. 

( 1 ) Within 15 working days of receiving the request to withdraw, the 
consolidated permit agency shall notify the Secretary and each partici- 
pating permit agency in writing that a consolidated permit is no longer 
applicable to the project. 

(2) The consolidated permit agency shall notify the apphcant within 
60 days of any costs incurred on the project while carrying out the ser- 
vices as a consolidated permit agency. 

(b) Withdrawal of a participating permit agency at the applicant's re- 
quest. The permit applicant may submit a written request to the consoli- 
dated permit agency that the permit applicant wishes a participating per- 
mit agency to withdraw from participation on the basis of a reasonable 
belief that the issuance of a consolidated permit would be accelerated if 
the participating permit agency withdraws. 

(1) The request to remove a participating permit agency shall consist 
of the following: 

A. Name of the applicant; 

B. Location of the project; 

C. Name of the participating permit agency to be withdrawn from the 
consolidated permit process; and 

D. The reason that the applicant believes that the removal of the partic- 
ipating permit agency from the consolidated permit process will acceler- 
ate the issuance of the consolidated permit. 

(2) Upon receiving the request to remove the participating permit 
agency, the consolidated permit agency shall review the request and do 
one of the following; 

A. If the consolidated permit agency agrees with the applicants re- 
quest, the consolidated permit agency shall notify the applicant and the 
participating agency in writing, within 15 working days that the partici- 
pating permit agency has been removed from the consolidated permit 
process. The removed participating permit agency's permit will no long- 
er be a part of the consolidated permit. 

B. If the consolidated permit agency disagrees with the removal re- 
quest, the consolidated permit agency shall respond, in writing to the 
applicant within 15 working days, stating the reasons why the consoli- 
dated permit agency will not approve the removal request. 

NOTE: Authority cited: Sections 7 1 00 1 and 7 1 020, Public Resources Code. Refer- 
ence: Section 71023, Public Resources Code. 

History 
1, New section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 28). 



§10208. Fees. 

(a) A consolidated permit agency may charge and collect additional 
fees pursuant to 71026 of the Public Resources Code. 

(b) In the event that the consolidated permit process is terminated prior 
to the issuance of a consolidated permit, the consolidated permit agency 
may charge a fee to recover the costs incurred in executing the duties of 
the consolidated permit agency prior to the termination of the process. 
NOTE: Authority ciled : Sections 7 1 00 1 and 7 1 020, Public Resources Code. Refer- 
ence: Section 71026, Public Resources Code. 

History 
1. New section filed 7-12-95: operative 8-1 1-95 (Register 95. No. 28). 

§ 1 0209. Petitions for Review. 

The permit applicant may petition for review of an environmental 
agency action in issuing, denying, or amending an environmental permit, 
or any portion of a consolidated permit agency permit, 

(a) The petition shall be submitted by the permit applicant to the con- 
solidated permit agency or the participating permit agency having juris- 
diction over that portion of the consolidated permit and shall be pro- 
cessed in accordance with the procedures of that environmental agency. 

(1 ) if the con,solidated permit agency receives a petition for review ol' 
another agency's permit decision, the consolidated permit agency shall 
forward the petition to the participating permit agency that has jurisdic- 
tion over that portion of the consolidated permit within 5 working days 
of receipt of the petition. 

(2) the petition shall be processed in accordance with the procedures 
of the environmental agency that has jurisdiction for that portion oi' the 
consolidated permit being appealed. 

(b) The environmental agency receiving the petition shall, within 30 
days, notify the other environmental agencies participating in the origi- 
nal consolidated permit. 

(c) The petition shall include a statement of the reasons supporting that 

review and any other requirements of that environmental agency. 

NOTE; Authority cited: Sections 7 1 001 and 7 1020, Public Resources Code. Refer- 
ence: Section 71027, Public Resources Code. 

History 

1. New section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 28). 

§ 1 021 0. Amendments and Modifications. 

10210(a) A permit applicant may petition a participating permit 
agency for an amendment or modification to that agency's permit appli- 
cation. The participating permit agency will contact the consolidated per- 
mit agency within 15 days of receiving the petition and inform the con- 
solidated permit agency of the content of the petition. If an applicant 
chooses to petition, the petition must be filed with the participating per- 
mit agency before any of the permit decisions are made and the permits 
for the project are granted. 

(b) If the consolidated permit agency believes that the requested 
amendment or modification will cause other agencies participating in the 
consolidated permit process to modify their actions and permit process- 
ing time limits agreed upon at the initial meeting, the consolidated permit 
agency shall reconvene a meeting of the effected participating permit 
agencies within 1 5 days of discovering the problem. The requirements 
to amend or modify a permit application shall be in accordance with the 
procedures of the consolidated permit agency or participating agency 
that has jurisdiction over the portion of the consolidated permit applica- 
tion or component application being amended or modified. 
NOTE: Authority cited: Sections 71 001 and 7 1020, Public Resources Code. Refer- 
ence: Section 71028, Public Resources Code. 

History 
1. New section filed 7-12-95; operative 8-1 1-95 (Regi-ster 95, No. 28). 



Page 105 



Register 96, Nos. 2-3; 1 - 19-96 



§ 10210 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



TABLE 1 
SUMMARY OF CHAPTER 3, ARTICLE 1, 
ENVIRONMENTAL PERMIT TIMELINES 


Note: This table provides general summary information only; see appropriate section of the text for regulatory language and conditions 
of applicability. 


DEPARTMENT 


PERMIT/ 
AUTHORIZATION 


SECTION 


TIME TO PROCESS 
PERMITS 


Department of Toxic 
Substances Control 


Hazardous Waste Facility Permit 
(responsible agency for land 
disposal faciliry project) 


10300(b) 


1 Year 


Department of Toxic 
Substances Control 


Hazardous Waste Facility Permit 
(responsible agency for non-land 
disposal facility project) 


10300(c) 


180 Days 


Department of Toxic 
Substances Control 


Lead agency for development 
project requiring EIR 


10300(d). (e) 


1.5 Years 


Department of Toxic 
Substances Control 


Lead agency for development 
project requiring NEC DEC 


10300(f), (g) 


193 Days 


Department of Toxic 
Substances Control 


Hazardous Waste Hauler 
Registration 


10300(h) 


14 Days 


Department of Toxic 
Substances Control 


Variances 


10300(i),0) 


180 Days 


Department of 
Pesticide Regulation 


Qualified Applicator Certificate 


10301(a) 


100 Days 


Department of 
Pesticide Regulation 


Agricultural Pest Control 
Adviser License 


10301(b) 


100 Days 


Department of 
Pesticide Regulation 


Agricultural Pest Control 
Adviser License Renewal 


10301(c) 


60 Days 


Department of 
Pesticide Regulation 


Qualified Applicator License 


10301(d) 


90 Days 


Department of 
Pesticide Regulation 


Designated Agent License 


10301(e) 


90 Days 


Department of 
Pesticide Regulation 


Designated Agent License Renewal 


10301(f) 


30 Days 


Department of 
Pesticide Regulation 


Pest Control Pilots License 


10301(g) 


30 Days 


Department of 
Pesticide Regulation 


Pest Control Pilots License 
Renewal 


10301(h) 


30 Days 


Department of 
Pesticide Regulation 


Accreditation of Continued 
Education Instruction 


10301(i) 


30 Days 


Department of 
Pesticide Regulation 


Certificate of Registration for 
Economic Poisons for New Active 
Ingredient 


10301(j) 


150 Days 



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Title 27 



General Functions and Responsibilities 



§ 10210 



TABLE 1 

SUMMARY OF CHAPTER 3, ARTICLE 1, 

ENVIRONMENTAL PERMIT TIMELINES (cont.) 


DEPARTMENT 


PERMIT/ 
AUTHORIZATION 


SECTION 


TIME TO PROCESS 
PERMITS 


Department of 
Pesticide Regulation 


Certificate of Registration for 
Economic Poisons for New Product 


10301 (k) 


90 Days 


Department of 
Pesticide Regulation 


Certificate of Registration for 
Economic Poisons for Renewal 


10301 (/) 


60 Days 


Slate Water Resources 
Control Board & 
Regional Water Quality 
Control Boards 


Waste Discharge Requirements 


10302(b) 


120 Days 


State Water Resources 
Control Board & 
Regional Water Quality 
Control Boards 


General Industrial Storm Water 
Permit 


10302(c) 


7 Days 


State Water Resources 
Control Board & 
Regional Water Quality 
Control Boards 


Wastewater Treatment Plant 
Operators Certificate of 
Competence 


10302(d) 


30 Days 


California Integrated 
Waste Management Board 


Full Solid Waste Facilities 
Permit 


10303(a) 


120 Days 


California Integrated 
Waste Management Board 


Standardized Solid Waste 
Facilities Permit 


10303(b) 


75 Days 


California Integrated 
Waste Management Board 


Registration Solid Waste 
Facilities Permit 


10303(c) 


30 Days 


California Integrated 
Waste Management Board 


Waste Tire Facility Permit 


10303(d) 


180 Days 

1 Year (If lead 

agency.) 


California Integrated 
Waste Management Board 


Used Oil Collection Center 
Certifications 


10303(e) 


45 Days 


California Integrated 
Waste Management Board 


Used Oil Recycling Incentive 
Payment Registrations 


10303(f) 


45 Days 


Air Resources Board 


Emergency Variance for Sulfur in 
Gasoline or Diesel 


10304(b)(1) 


10 Days 


Air Resources Board 


Approval of Independent Testers 


10304(b)(2) 


90 Days 


Air Resources Board 


All Other Permits 


10304(a) 


90 Days 



Page 107 



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§ 10300 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Chapter 3. Environmental Permits 



Article 1. State Environmental Permit 
Processing Timelines 



§ 10300. Department of Toxic Substances Control. 

For the Department of Toxic Substances Control (DISC). Title 22, 
California Code of Regulations, Sections 66263.1 1 and 66260.21; Sec- 
tion 25 1 99.6 of the Health and Safety Code; Section 65950, Government 
Code establish the following time limits which have been summarized 
for informational purposes in Table 1 : 

(a) DTSC shall review for administrative completeness each hazard- 
ous waste facility permit application and notify the applicant whether the 
application is administratively complete within 60 days of receipt. If the 
application is incomplete, DTSC shall require the applicant to provide in- 
formation necessary to make the application complete. An application is 
not deemed to be complete until DTSC notifies the applicant that the 
application is administratively complete. 

(b) If DTSC is acting as a responsible agency under the California En- 
vironmental Quality Act and the hazardous waste project is a land dispos- 
al facility. DTSC must approve or disapprove the permit: 

(1) Within one year from the date on which the lead agency approved 
or disapproved the project; or 

(2) Within one year from the date on which the completed application 
for the project has been received and accepted as technically complete, 
whichever is longer. 

(c) If DTSC is acting as a responsible agency under the California En- 
vironmental Quality Act and the hazardous waste project is not a land dis- 
posal facility, DTSC must approve or disapprove the permit: 

( 1 ) Within 1 80 days from the date on which the lead agency approved 
or disapproved the project; or 

(2) Within 180 days from the date on which the completed application 
for the project has been received and accepted as technically complete, 
whichever is longer. 

(d) If DTSC is acting as a lead agency under the California Environ- 
mental Quality Act for a development project that requires an environ- 
mental impact report pursuant to Section 2 11 00 or 21 151 of the Public 
Resources Code, DTSC must approve or disapprove the permit within six 
months of the date the Department certifies that; 

(1) the environmental impact report was completed in compliance 
with the California Environmental Quality Act (CEQA); and 

(2) the decision-making body for the lead agency has reviewed the 
contents of the environmental impact report and found it be complete. 

(e) DTSC, acting as lead agency, shall complete and certify an Envi- 
ronmental Impact Report as provided in Section 15090 of the Public Re- 
sources Code within one year after the date when DTSC accepted the 
application as technically complete. DTSC may extend the one-year 
time limit once for a period of not more than 90 days upon consent of the 
applicant. 

(f) If DTSC is acting as a lead agency under the California Environ- 
mental Quality Act for a development project for which a negative decla- 
ration is adopted or for which DTSC determines that the project is exempt 
from the requirements of Division 13 (commencing with section 2100) 
of the Public Resources Code, DTSC must approve or disapprove the 
permit within three months of the date of adoption of the negative decla- 
ration or the determination that the project is exempt unless the project 
proponent requests an extension of the time. Adoption or approval of the 
negative declaration involves the following; 

( 1 ) prior to approval of the project, the decision making body of DTSC 
shall consider the negative declaration together with any comments re- 
ceived during the public review process, and Initial Study. 



(2) the approval of the negative declaration means that there is abso- 
lutely no reasonable possibility of a significant effect resulting from a 
project.. 

(g) DTSC, acting as lead, shall complete and have ready for approval 
a negative declaration for a project within 105 days from the date when 
the Department accepted the application as technically complete. The 
negative declaration may be approved at a later time when the permit or 
other entitlement is approved. 

(h) For Hazardous Waste Hauler Registrations: 

( 1 ) DTSC shall notify the applicant in writing, within 1 4 calendar days 
after receipt of an application that the application is technically complete 
and accepted for filing or that the application is incomplete and what spe- 
cific information, documentation or fees, if any, are required to complete 
the application. 

(2) DTSC shall notify the apphcant, in writing, of DTSC's decision re- 
garding the completeness of an application. The notification shall be 
within fourteen calendar days after the date on which DTSC determines 
the application to be complete and accepted for filing. 

(i) For Equivalent Testing or Analytical Methods Variances: 

( 1 ) DTSC must notify the applicant within 60 days after receipt of an 
application that the application is technically complete and accepted for 
processing or that the application is incomplete and what further infor- 
mation is required. 

(2) DTSC shall, within 180 days of receipt of a technically complete 
application, notify the applicant that the variance is granted or denied. 

(j) For all other DTSC Variances: 

( 1 ) DTSC must notify the applicant within 60 days after receipt of an 
application that the application is technically complete and accepted for 
processing or that the application is incomplete and what further infor- 
mation is required. 

(2) DTSC shall, within 60 days of receipt of a technically complete 
application, notify the applicant that the variance is granted or denied. 

(k) These regulations apply only to applications submitted to DTSC 
on or after the effective date of the regulations. 

NOTE: Authority cited: Sections 71001 and 71020, Public Resources Code; Sec- 
tion 15376, Government Code. Reference: Section 71022, Public Resources 
Code; Sections 66260.21, 66263.11, 22 CCR; and Section 25199.6, Health and 
Safety Code. 

History 

1. New chapter 3, article 1 and section filed 7-1 2-95; operative 8-1 1-95 (Register 
95, No. 28). 

2. Change without regulatory effect amending table 1 and adding new subsection 
(h)(2) filed ] 1-7-93 pursuant to section 1(X), title 1, California Code of Regula- 
tions (Register 95, No. 45). 

§ 10301 . The Department of Pesticide Regulation. 

For the Department of Pesticide Regulation, Title 3, California Code 
of Regulations, Section 305, establishes the following time limits which 
have been summarized for informational purposes in Table 1. The time 
frames for Qualified Applicator Certificate, Agricultural Pest Control 
Adviser License, Qualified Applicator License, Designated Agent Li- 
cense, and Pest Control Pilots License are based on the applicant taking 
the first available lest. 

(a) For a Qualified Applicator Certificate: 

(1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 14 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the certificate within 100 days of receiving a completed applica- 
tion. 

(b) For a Agricultural Pest Control Adviser License: 

( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 14 days of receipt of an appli- 
cation. 



Page 108 



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Title 27 



General Functions and Responsibilities 



§ 10301 



(2) The Department of Pesticide Regulation shall approve or disap- 
prove the license within 100 days of receiving a completed application. 

(c) For a Agricultural Pest Control Adviser License Renewal: 

( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 1 4 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the renewal within 60 days of receiving a completed application. 

(d) For a Qualified Applicator License: 

( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 



required to complete the application within 14 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the license within 90 days of receiving a completed application. 

(e) For a Designated Agent License: 

(1) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 1 4 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the license within 90 days of receiving a completed application. 

(f) For a Designated Agent License Renewal: 



[The next page is 109.] 



Page 108.1 



Register 95, No. 45; 11 - 10-95 



Title 27 



General Functions and Responsibilities 



§ 10303 



( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 14 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the renewal within 30 days of receiving a completed application. 

(g) For a Pest Control Pilots License: 

( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 14 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the license within 30 days of receiving a completed application. 

(h) For a Pest Control Pilots License Renewal: 

( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 1 4 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the renewal within 30 days of receiving a completed application. 

(i) For an Accreditation of Continued Education Instruction: 

( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 20 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the accreditation within 30 days of receiving a completed applica- 
tion. 

{j ) For a Certificate of Registration for Economic Poisons for New Ac- 
tive Ingredient: 

( 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 120 days of receipt of an 
application. 

(2) The Department of Pesticide Regulation shall approve or disap- 
prove the registration within 150 days of receiving a completed applica- 
tion. 

(k) For a Certificate of Registration for Economic Poisons for New 
Product: 

{ 1 ) The Department of Pesticide regulation shall inform the applicant 
in writing that the application is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 60 days of receipt of an appli- 
cation. 

(2) The Department of Pesticide Regulafion shall approve or disap- 
prove the registrafion within 90 days of receiving a completed applica- 
tion. 

(/) For a Certificate of Registration for Economic Poisons Renewal: 

( 1 ) The Department of Pesficide regulation shall inform the applicant 
in writing that the applicaUon is either complete and accepted for filing, 
or that it is deficient and what specific information of documentation is 
required to complete the application within 30 days of receipt of an appli- 
cafion. 

(2) The Department of Pesticide Regulafion shall approve or disap- 
prove the renewal within 60 days of receiving a completed apphcafion. 

NOTE: Authority cited: Section 71020. Public Resources Code; Section 15376, 
Government Code. Reference: Section 71022, Public Resources Code. 

History 

1 . New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28). 



§ 10302. The State Water Resources Control Board and 
the Regional Water Quality Control Boards. 

For the State Water Resources Control Board (SWRCB) and Regional 
Water Quality Control Boards (RWQCB), Water Code, Secfion 13264. 
and the Clean Water Act. Thie 33 USCA Secfion 134! establish the fol- 
lowing time limits which have been summarized for informational pur- 
poses in Table 1: 

(a) The (SWRCB)/(RWQCB) shall approve or disapprove a National 
Pollutant Discharge Elimination System (NPDES) Permit within 180 
days of receiving a completed applicaUon. 

(b) The (SWRCB)/(RWQCB) shall adopt Waste Discharge Require- 
ments within 120 days of receiving a completed application. 

(c) The (SWRCB)/(R WQCB) shall approve or disapprove an applica- 
tion for a General Industrial Storm Water Permit within 7 working days 
of receiving a completed application. 

(d) For Waste Water Treatment Plant Operator's Certificate of Com- 
petence: 

(1) The (SWRCB)/(RWQCB) shall noUfy the applicant in writing, 
within 30 days after receipt of an application that the application is com- 
plete and accepted for filing or that the application is incomplete and 
what specific informadon is required to complete the application. 

(2) The (SWRCB)/(RWQCB) shall, within 30 days of receipt of a 
complete application, proof of successful completion of exam, and pay- 
ment of fees, issue the certification. 

NOTE; Authority cited: Section 71020, Public Resources Code; Section 15376, 
Government Code. Reference: Section 71022. Public Resources Code; and Sec- 
tion 3670, 23 CCR. 

History 

1. New section filed 7-12-95; operative 8-1 1-95 (Register 95. No. 28). 

§ 10303. California Integrated Waste Management Board. 

For the California Integrated Waste Management Board (CIWMB). 
Title 14, California Code of Regulations, Sections 18104, 18105. 18203, 
18650.4, 18653.4, 18423, and 18425, and Secfions 44007, 44008, and 
44009 of the Public Resources Code, establishes the following time lim- 
its which have been summarized for informafional purposes in Table I : 

(a) For a Full Solid Waste Faciliues Permit: 

(1) The enforcement agency shall determine within 30 calendar days 
of receipt whether or not an application for a Solid Waste Facilities Per- 
mit is complete. If the applicaUon is not complete the enforcement 
agency shall nofify the applicant within 5 business days of the grounds 
for rejecfion. Once an application is accepted as for filing as complete and 
correct, the enforcement agency must decide whether to issue or not issue 
the permit within 120 days unless waived by the applicant. 

(2) At least 65 days prior to issuing the permit, the enforcement agency 
must provide the CIWMB with a copy of the applicafion and the pro- 
posed permit. The CIWMB shall concur or object to the permit within 60 
days of receipt of a proposed permit. If the Board fails to concur or object 
within 60 days, it shall be deemed to have concurred in the issuance of 
the proposed permit. 

(b) For a Standardized Solid Waste Facilities Permit: 

( 1 ) Within 30 days of receipt, the enforcement agency shall review the 
application to determine whether it meets the requirements of section 
18105.1 of Title 14, California Code of Regulafions. 

(2) Within fifteen days of acceptance of an applicafion for filing: 

(A) The enforcement agency shall evaluate the information provided 
in the application and the proposed facility to determine whether or not 
the facility will be able to operate in compliance with the applicable mini- 
mum standards and standardized permit terms and conditions. 

(B) If the enforcement agency finds that the application and facility 
meet the requirements set forth in subdivision (c)(2)(A) of this secfion 
then the enforcement agency shall forward the proposed standardized 
permit, applicafion package, and the results of any analysis to the 
CIWMB. The enforcement agency shall further provide the applicant 
with a copy of the proposed standardized permit submitted to the 



Page 109 



Register 95, No. 28; 7- 14-95 



§ 10304 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



CIWMB. In addition, the enforcement agency shall provide a copy of the 
proposed standardized permit to any person who has requested it in writ- 
ing. 

(C) ir the enforcement agency finds that the appHcation or facihty do 
not meet the requirements set forth in (c)(2)(A) of this section, the en- 
forcement agency shall reject the application. A copy of the rejected 
application accompanied by an explanation shall be mailed to the appli- 
cant. 

(3) Within 30 days of receipt of a proposed standardized permit, the 
CIWMB shall either concur in or object to the issuance of the proposed 
standardized permit. 

(4) This subsection shall not become operative and only apply to oper- 
ations specified in the minimum standards to be set forth in Chapters 3 
and 3.1 of Division 7 of Title 14 when the minimum standards are filed 
with the Secretary of Stale and become effective and operative. 

(c) For a Registration Solid Waste Facilities Permit: 

( 1 ) Within 30 days of receipt, the enforcement agency shall review the 
application to determine whether it meets the requirements of section 
18104.1 of Title 14, California Code of Regulations. 

(2) If the enforcement agency finds the application is complete and 
correct pursuant to 18104.1 ofTitle 14, California Code of Regulations, 
it shall be accepted for filing and stamped with the date and time of accep- 
tance. 

(3) When an application is accepted for filing, the enforcement agency 
shall issue a registration permit by mailing an executed registraUon per- 
mit form (CIWMB Form 81 (rev 1/95)), incorporated herein by refer- 
ence, to the applicant with a copy fo the accepted application, within five 
days of filing. 

(4) This subsection shall not become operative and only apply to oper- 
ations specified in the minimum standards to be set forth in Chapters 3 
and 3.1 of Division 7 ofTitle 14 when the minimum standards are filed 
with the Secretary of State and become effective and operative. 

(d) For a Waste Tire Facility Permit: 

(1) The CIWMB shall either accept or reject an applicafion as com- 
plete within 30 days of its receipt. If an application package is rejected, 
the Board shall notify the applicant, enumerating the grounds of rejec- 
tion. 

(2) A decision to issue or not issue the permit shall be made by the 
Board within 180 days of the time the application is accepted as com- 
plete, unless the applicant requests an extension of time. However, if the 
Board is the lead agency for the project for which an environmental im- 
pact report (EIR) must be prepared, the Board shall have one year from 
the dale the application is accepted as complete to issue or deny issuance 
of the permit. Furthermore, if there is an extension of Ume pursuant to 
Public Resources Code Secfion 21 100.2 to complete and certify the EIR, 
the Board shall issue or deny the issuance of the permit within 90 days 
after certification of the EIR. This extension of time may be extended 
once more for an additional period, not to exceed 90 days, upon consent 
of both the applicant and the Board. 

(e) For Used Oil Collecdon Center Certifications: 

(1) The CIWMB shall notify an appHcant in writing, within 10 work- 
ing days of receipt of the application, that it is either complete, correct and 
accepted for filing, or that it is incomplete and rejected for filing and pro- 
vide the reasons for the rejection. 

(2) A decision to issues or not issue the certification shall be made by 
the board within 45 calendar days of the time the application is filed. 

(f) For Used Oil Recycling Incemive Payment Registrations: 

(1) The CIWMB shall notify an applicant in wrifing, within 10 work- 
ing days of receipt of the application, that it is either complete, correct and 
accepted for filing, or that it is incomplete and rejected for filing and pro- 
vide the reasons for the rejection. 

(2) A decision to issues or not issue the registradon shall be made by 
the board within 45 calendar days of the Ume the applicafion is filed. 
NOTE: Authority cited: Section 71020, Public Resources Code; Section 15376, 
Government Code. Reference: Section 71022, Public Resources Code. 



History 

1. New section tiled 7-12-95: operative 8-1 1-95 (Register 95, No. 28). 

§10304. Air Resources Board. 

For the Air Resources Board, Title 1 7. California Code of Regulafions, 
Section 60030, establishes the following fime limits which have been 
summarized for informational purposes in Table 1: 

(a) The procedures and time periods set forth in this subsecfion shall 
apply for all permit applications received by the Air Resources Board, 
except for those permit applicafions specified in subsecfion (b). 

( 1 ) Within 30 days of receipt of an applicafion for a permit, as defined 
in Government Code Section 15375(a), the executive officer of the Air 
Resources Board shall inform the applicant, in writing, either that the 
application is complete and accepted for filing or that the application is 
deficient and idenfify the specific informafion required to make the appli- 
cation complete. 

(2) Within 1 5 days of receipt of additional information provided in re- 
sponse to a determinafion by the execufive officer of the Air Resources 
Board that an application is deficient, the executive officer shall inform 
the applicant, in wrifing, either that the new information is sufficient to 
make the application complete and that the applicafion is accepted for fil- 
ing, or that the applicafion is deficient and shall idenfify the specific in- 
formafion required to make the application complete. 

(3) Within 90 days after an applicafion is accepted for filing, the execu- 
tive officer shall approve or disapprove the applicafion. 

(b) For the categories listed below, permit applicafions shall be pro- 
cessed as provided in the procedures specified in subsection (a), in accor- 
dance with the following fime periods: 

( 1 ) For an emergency variance for sulfur in gasoline or diesel pursuant 
to 13 CCR section 2252; 

(A) The execufive officer will inform the applicant within five days of 
receipt of the application that the applicafion is complete or that addifion- 
al information is required. 

(B) The execufive officer will determine within five days after receipt 
of additional informafion whether the informafion submitted makes the 
application complete. 

(C) Within 10 days after an applicafion is accepted for filing, the ex- 
ecufive officer shall act on the applicafion. 

(2) For approval of independent testers pursuant to 17 CCR section 
91207; 

(A) The execufive officer will inform the applicant within 15 days of 
receipt of the applicafion that the applicafion is complete or that addition- 
al information is required. 

(B) The executive officer will determine within 15 days after receipt 
of addifional information whether the informafion submitted makes the 
application complete. 

(C) Within 90 days after an application is accepted for filing, the ex- 
ecufive officer shall act on the application. This period applies to each 
test" as specified in 17 CCR secfion 91201, for which approval is re- 
quired. 

(c) The execufive officer may, in the course of processing the applica- 
fion, request the applicant to clarify, amplify, correct, or otherwise sup- 
plement the information required for the applicafion. 

(d) The time periods in subsections (a) and (b) may be extended by the 
execufive officer for good cause as provided by Government Code Sec- 
fion 15376. 

NOTE: Authority cited: Section 71020, Public Resources Code; Section 15376, 
Government Code. Reference: Section 71022, Public Resources Code; and Sec- 
tion 60030, 17 CCR. 

History 

1. New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28). 

§ 10305. Median, Minimum, and Maximum Times for 
Processing a Permit. 

Table 2 summarizes the median, minimum, and maximum fimes for 
processing a permit for state environmental agencies, as found in Section 



Page 110 



Register 95, No. 28; 7-14-95 



Title 27 General Functions and Responsibilities § 10305 

60030. Tiile 1 7; Sections 66260.2 1 and 66263. 1 1 , Title 22; and Section History 

3670. Title 23. 1- New section filed 7-12-9.S; operative 8-1 1-95 (Register 9.5, No. 28). 



• 



Page 111 Register 95, No. 28; 7 - 1 4 - 95 



$ 10305 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



TABLE 2 
SUMMARY OF CHAPTER 3, ARTICLE 1 
MEDIAN, MINIMUM, AND MAXIMUM TIMES FOR PROCESS- 
ING A PERMIT 


Note: This table provides general summary information only; see appropriate section of the text for regulatory language 
and conditions of applicability. 


Department/ 
Agency 


Permit/Authorization 


Times for Processing a Permit 
(davs) 


Median 


Minimum 


Maximum 


Department of Toxic 
Substances Control 


Hazardous Waste Haulers 
Registration 


60 


1 


180 


Department of Toxic 
Substances Control 


Equivalent Testing or 
Analytical Methods 
Variances 


60 


1 


1200 


Department of Toxic 
Substances Control 


All other Department Variances 


60 


1 


1200 


Department of Pesticide 
Regulation 


Qualified Applicator Certificate 


50 


1 


HI 


Department of Pesticide 
Regulation 


Agricultural Pest Control 
Adviser License 


46 


12 


129 


Department of Pesticide 
Regulation 


Agricultural Pest Control 
Adviser License Renewal 


11 


1 


74 


Department of Pesticide 
Regulation 


Qualified Applicator License 


54 


5 


97 


Department of Pesticide 
Regulation 


Designated Agent License 


50 


21 


96 


Department of Pesticide 
Regulation 


Designated Agent License 
Renewal 


8 


1 


39 


Department of Pesticide 
Regulation 


Pest Control Pilots License 


56 


21 


106 


Department of Pesticide 
Regulation 


Pest Control Pilots License 
Renewal 


11 


1 


35 


Department of Pesticide 
Regulation 


Accreditation of Continued 
Education Instruction 


N/A 


N/A 


N/A 


Department of Pesticide 
Regulation 


Certificate of Registration 
for Economic Poisons for 
New Active Ingredient 


106 


16 


314 


Department of Pesticide 
Regulation 


Certificate of Registration 
for Economic Poisons for 
New Product 


40 


4 


209 


Department of Pesticide 
Regulation 


Certificate of Registration 
for Economic Poisons for 
Renewal 


28 


7 


197 



• 



Page 112 



Register 95, No. 28; 7-14-95 



Title 27 



General Functions and Responsibilities 



§ 10310 



TABLE 2 

SUMMARY OF CHAPTER 3, ARTICLE 1 

MEDIAN, MINIMUM, AND MAXIMUM TIMES FOR 

PROCESSING A PERMIT (cont.) 


Department/ 
Agency 


Permit/Authorization 


Times for Processing a Permit 
(days) 


Median 


Minimum 


Maximum 


State Water Resources 
Control Board 


Wastewater Treatment Plant 
Operators Certificate of 
Competence 


30 


3 


112 


California Integrated Waste 
Management Board 


Full Solid Waste Facilities 
Permit 


90 


60 


120 


California Integrated Waste 
Management Board 


Standardized Solid Waste 
Facility Permit 


TBD 


1 


75 


California Integrated Waste 
Management Board 


Registration Solid Waste 
Facility Permit 


TBD 


1 


30 


California Integrated Waste 
Management Board 


Waste Tire Facility Permit 


TBD 


TBD 


TBD 


California Integrated Waste 
Management Board 


Used Oil Collection Center 
Certifications 


35 


25 


45 


California Integrated Waste 
Management Board 


Used Oil Recycling Incentive 
Payment Registrations 


35 


25 


45 


Air Resources Board 


All Permits 


30 


5 


567 



Article 2. Appeal Procedures 

§ 10310. State Environmental Permit Agencies that Violate 
Time Limits. 

(a) If any state environmental agency, as defined in section lOIOO(r). 
fails to take timely action on the issuance or denial of an environmental 
permit in accordance with the time limits established for any one of the 
following; Section 7 1 022 of the Public Resources Code. Section 25 199.6 
of the Health and Safety Code, or Section 15378 of the Government 
Code; the applicant and/or petitioner may appeal to the Secretary. The 
appeal shall be filed within 30 days of the date that the state environmen- 
tal agency was to have made a final determination on the environmental 
permit. The appeal shall use the following procedure; 

( 1 ) the applicant and/or petitioner submits an appeal to the Secretary 
in writing. The appeal shall include, at a minimum, all of the following: 

(A) name of the applicant, and if applicable, the name of the petitioner; 
(B) name of the business; 

(C) address of the facility; 

(D) name of the state environmental agency that failed to take timely 
action on the applicant's environmental permit; 

(E) the date that the state environmental agency was to have made a 
final determination on the environmental permit; 

(F) the name and/or type of environmental permit that the applicant 
applied for; 

(G) an explanation of why the applicant and/or petitioner is requesting 
the appeal; and 

(H) any additional information deemed necessary by the Secretary. 

(2) Upon receiving the appeal, the Secretary will contact the applicant 
and/or petitioner and the state environmental agency within 30 days to 
determine the following; 



(A) if the state environmental agency violated any of the time limits 
estabhshed for the following; 

1. Section 71022 of the Public Resources Code; 

2. Section 25199.6 of the Health and Safety Code; and, 

3. Chapter 3 (commencing with Section 15374) of the Government 
Code; and 

(B) if the state environmental agency had good cause for violating the 
time limits; 

(3) If the Secretary finds the time limits under appeal have been vio- 
lated without good cause, the Secretary shall; 

(A) establish a date by which the state environmental agency shall act 
on the permit application, with adequate provision for the requirements 
of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision 
(a) of the Public Resources Code Section 71022; and 

(B) notify the state environmental agency, in writing, to provide for 
full reimbursement of all filing and permit processing fees paid by the 
applicant to the environmental agency for the permit application under 
appeal, pursuant to Section 71030(d) of the Public Resources Code and 
Section 15378 of the Government Code. The reimbursement shall occur 
with 60 days of being notified by the Secretary. 

(b) the determination of the Secretary shall be based only on procedur- 
al violations, including but not limited to, the exceeding of time limits. 

(c) if the violation is of the time limits of Section 71022 of the Public 
Resources Code, the determination of the Secretary to order reimburse- 
ment of any apphcation filing fees shall only be applicable to the consoli- 
dated permit agency or the participating agencies that are in violation of 
the time limits without showing good cause. 

(d) All state environmental agencies shall attach processing time lim- 
its to their permit applications. 

(e) The following statement shall be added to all state environmental 
agency permit applicafions, "Time limits have been established for the 



Page 113 



Register 95, No. 28; 7-14-95 



§ 10311 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



processing of permit applications. These time limits are attached. Per- 
sons whose applications have not been processed within the time limits 
prescribed by statute or regulation may appeal to the Secretary for Envi- 
ronmental Protection. Appeals must be filed within 30 days of the date 
the time periods were allegedly exceeded. If the Secretary finds that the 
time limits have not been met, and the environmental agency did not have 
good cause why the time limits have not been met, the Secretary may di- 
rect the environmental agency to process the application by a specified 
date and so inform the applicant. For permits subject to the Permit Re- 
form Act of 1981 (Government Code Sections 15374, et seq.), the Secre- 
tary may also order that the applicant receive a reimbursement of all fil- 
ing and permit processing fees." 

(f) for those state permit agencies that participate at the request of the 
permit applicant upon the agency's agreement; 

( 1 ) An appeal shall be only for violations of the time limits established 
pursuant to Section 71022 of the Public Resources Code; and 

(2) They are excluded from requirements of subsections (d) and (e) of 
this section. 

Note-. Authority cited: Sections 71001. 71020 and 71030, Public Resources 
Code; Section 15378. Government Code. Reference: Section 71030, Public Re- 
sources Code; and Section 15376, Government Code. 

History 
1. New article 2 and section filed 7-12-95: operative 8-1 1-95 (Resister 95, No. 
28). 

§ 1 031 1 . Local Environmental Permit Agencies that Violate 
Consolidated Permit Time Limits. 

(a) If a local environmental agency fails to take timely action on the 
issuance or denial of an environmental permit in accordance with the 
time limits established for Section 71022 of the Public Resources Code, 
the applicant and/or petitioner may appeal to the Secretary. The appeal 
shall be filed within 30 days of the date that the local environmental 
agency was to have made a final determination on the environmental per- 
mit. TTie appeal shall use the following procedure: 

( 1 ) The applicant and/or petitioner submits an appeal to the Secretary 
in writing. The appeal shall include, at a minimum, all of the following: 

(A) Name of the applicant, and if applicable, the name of the petition- 
er; 

(B) Name of the business; 

(C) Address of the facility; 

(D) Name of the local environmental agency that failed to take timely 
action on the applicant's environmental permit; 

(E) The date that the local environmental agency was to have made a 
final determination on the environmental permit; 

(F) The name and/or type of environmental permit that the applicant 
applied for; 

(G) An explanation of why the applicant and/or petitioner is requesting 
the appeal; and 

(H) Any additional information deemed necessary by the Secretary. 

(2) Upon receiving the appeal, the Secretary will contact the applicant 
and/or petitioner and the local environmental agency within 30 days to 
determine the following; 

(A) If the local environmental agency violated any of the time limits 
established for Section 71022 of the Public Resources Code; and 

(B) If the local environmental agency had good cause for violating the 
time limits. 

(3) If the Secretary finds the time limits under appeal have been vio- 
lated without good cause, the Secretary shall; 

(A) Establish a date by which the local environmental agency shall act 
on the pernriit application, with adequate provision for the requirements 
of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision 
(a) of the Public Resources Code Section 71022; and 

(B) notify the local environmental agency, in writing, to provide for 
full reimbursement of all filing and permit processing fees paid by the 
applicant to the local environmental agency for the permit application 
under appeal, pursuant to Section 71030(d) of the Public Resources 
Code. The reimbursement shall occur with 60 days of being notified by 
the Secretary. 



(b) the determination of the Secretary shall be based only on procedur- 
al violations, including but not limited to, the exceeding of time limits. 

(c) the determijiation of the Secretary to order reimbursement of any 
application filing fees shall only be applicable to the consolidated permit 
agency or the participating agencies that are in violation of the time limits 
without showing good cause. 

NOTE: Authority cited: Sections 71001, 71020 and 71030, Public Resources 
Code. Reference: Section 71030. Public Resources Code. 

History 
1. New section fded 7-12-95; operative 8-1 1-95 (Register 95, No. 28). 

§ 10312. Local Environmental Permit Agencies that Violate 
Other Permit Time Limits. 

(a) For the purpose of this section, "local environmental agency" does 
not include the agencies described in subdivisions ( 1 ) and (6) of Section 
10100(/)ofTitle''27CCR. 

(b) If a local environmental agency fails to take timely action on the 
issuance or denial of an environmental permit in accordance with the 
time limits established for that agency, the applicant may appeal. 

(c) An applicant may submit an appeal to the governing body of a local 
environmental agency, or if there is no governing body, to the director 
of the local environmental agency, for a determination regarding the fail- 
ure by the local environmental agency to take timely action on the is- 
suance or denial of an environmental permit. 

(d) The appeal shall include, at a minimum, the following information; 

( 1 ) name of the applicant; 

(2) name of the business; 

(3) address of the facility; 

(4) name of the local environmental agency that failed to take timely 
action on the applicant's environmental permit if the applicant appeals 
directly to the Secretary pursuant to subsection (f) of this section; 

(5) the date that the local environmental agency was to have made a 
final determination on the environmental permit; 

(6) the name and/or type of environmental permit that the applicant 
applied for; and 

(7) an explanation of why the applicant is requesting the appeal. 

(e) The appeal shall be submitted to the local environmental agency 
prior to the applicant providing 7 days advance notice to the permitting 
agency of the intent to provide public notice of the project pursuant to 
subdivision (b) of Section 65956 of the Government Code. 

(f) The applicant may appeal directly to the Secretary whenever any 
of the following occurs; 

(1 ) If the local environmental agency declines to accept the appeal pur- 
suant to subdivision (a) of Section 65956.5 of the Government Code; or 

(2) If the local environmental agency fails to issue a final written deter- 
mination within 60 days pursuant to subdivision (b) of Section 65956.5 
of the Government Code. 

(g) The local environmental agency has 60 days after receiving the ap- 
peal to issue a final determination regarding the appeal. The determina- 
tion shall include the following; 

( 1) an explanation of why the local environmental agency failed to act 
on the permit application within the estabUshed time limits; 

(2) the date the local environmental agency shall act on the permit 
application. 

NOTE: Authority cited: Sections 7 1001 and 7 1020, Public Resources Code. Refer- 
ence: Section 65956.5, Government Code. 

History 

1. New section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 28). 

§ 1 031 3. Completeness Appeals. 

(a) An applicant may submit an appeal to the Secretary if the time lim- 
its for processing a completeness determination on an environmental per- 
mit application and any accompanying submitted materials to a Board, 
Office, or Department within the California Environmental Protection 
Agency are exceeded. 

(b) The appeal shall include, at a minimum, the following information; 

(1) name of the appHcant; 

(2) name of the business; 



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(3) address of the tacilily; 

(4) name of the board, office, or department that made the determina- 
tion: 

(5) the name and/or type of permit that the applicant applied for; and 

(6) an explanation of why the applicant is making the appeal. 

(c) An applicant may submit an appeal to the Secretary rather than the 
local environmental agency that is issuing the environmental permit re- 
garding the time limits for processing a completeness determination on 
an environmental permit application and any accompanying submitted 
materials to a local environmental agency. The appeal shall be made un- 
der either of the following circumstances: 

(1) The local environmental agency has not adopted an appeals pro- 
cess pursuant to subdivision (c) of Section 65943 of the Government 
Code. 

(2) The local environmental agency declines to accept an appeal for 
a decision pursuant to subdivision (c) of Section 65943 of the Govern- 
ment Code. 

(d) The appeal shall include, at a minimum, the following information: 

( 1 ) name of the applicant: 

(2) name of the business: 

(3) address of the facility; 

(4) name of the local environmental agency that made the determina- 
tion: 

(5) the name and/or type of environmental permit that the applicant 
applied for: and 

(6) an explanation of why the applicant is requesting the appeal. 

(e) There shall be a final written determination by the Secretary on the 
appeal not later than 60 calendar days after the receipt of the applicant's 
written appeal. 

(f) Pursuant to subdivision (c) of Section 65943 of the Government 
Code, if the final written determination on the appeal is not made within 
the specified 60-day period, the application with the submitted materials 
shall be deemed complete. 

(g) For the purpose of this section, "local environmental agency" does 
not include the agencies described in subdivisions (1) and (6) of Section 
10100(j)ofTitle''27CCR. 

NOTE: Authority cited: Sections 71001 and 71020, Public Resources Code. Refer- 
ence: Sections 65943.5 and 65943, Government Code. 

History 
1 . New section filed 7-12-95; operative 8-1 1-95 (Register 95, No. 28). 



Chapter 4. 



Permit Consolidation Zone Pilot 
Program 



Article 1. Scope and Applicability 

§10400. Purpose. 

(a) These regulations establish the implementation framework for a pi- 
lot program intended to offer a step toward reforming California's envi- 
ronmental permitting system to make it more responsive, efficient, and 
timely, while preserving California's commitment to a safe and healthful 
environment. 

This pilot program, will allow the creation of up to twenty Permit Con- 
solidation Zones among California's cities and counties. Within these 
zones, the current system of individually issued environmental permits 
will be augmented with a voluntary option allowing facilities to substi- 
tute a facility compliance plan in lieu of existing environmental permits 
for new or expanding facilities. The use of facility compliance plans is 
anticipated to expedite environmental permitting in the designated Per- 
mit Consolidation Zones and the pilot will provide an opportunity to test 
the facility compliance plan concept as a possible new mode! for environ- 
mental regulation. 

The facility compliance plan represents a new regulatory approach 
and should be seen by those using these regulations as a new permit con- 



cept separate and distinct from existing environmental permits. The fa- 
cility compliance plan constitutes a replacement for existing environ- 
mental permits. Section 1 of Chapter 5 (commencing with Section 
7 1 035) of Division 34 of the Public Resources Code) establishes separate 
and distinct timeframes for the processing of facility compliance plans. 
The facility compliance plan must contain all the information required by 
existing permits and, in addition, represents an opportunity for the com- 
pilation of a comprehensive, multimedia statement of environmental op- 
erations and management at a facility. 

These regulations implement this program. Elements of the regula- 
tions include the application and competitive selection process for those 
communities who wish to join the pilot, a procedure for facilities to opt 
into a facility compliance plan, and a process to institute coordinated in- 
spection and enforcement activities for facilities authorized by a facility 
compliance plan. 

NOTE: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 7 1 035.1 through 7 1035. 11 inclusive. Public Resources Code. 

History 
1. New chapter 4, article 1 (section 10400) and section filed 5-22-97; operative 

6-21-97 (Register 97, No. 28). 



Article 2. Definitions 

§10401. Definitions. 

(a) The definitions contained in this section shall apply only to these 
regulations. 

(1) ''Complete and adequate" means a delerinination by a permitting 
authority that a facility compliance plan contains all the information re- 
quired by Sections 71035.5(b) and 71035.6(b) of Chapter 5 of Division 
34 of the Public Resources Code. A finding that a facility compliance 
plan is completed and adequate, incorporating all additional conditions 
as required by the permitting authority, shall result in the approval of the 
plan for the portion of the plan addressed by the permitting authority. 

(2) "CUPA" means a certified unified program agency as designated 
under Chapter 6.1 1 of Division 20 of the Health and Safety Code. 

(3) "Day" means for the purpose of these regulations, calendar days. 

(4) "Environmental permit" means any environmental permit issued 
by an environmental agency or a certified unified program agency. 

(5) "Excluded Facility" means any facility involved in the following 
operations or activities: 

(A) The incineration of wastes. Incineration does not include any com- 
bustion process used as part of an air pollution control system. 

(B) The storage, treatment, transportation, or disposal of radioactive 
materials. 

(C) Other activities that the Secretary for Environmental Protection 
determines, prior to approval of an application for a Permit Consolidation 
Zone, and based on risks to the environment and to the public health and 
safety, to be appropriately regulated through individual permits. 

(D) Other activities excluded as requested by a city or county in its Per- 
mit Consolidation Zone application. 

(6) "Expanding Facility" means any facility, located within a Permit 
Consolidation Zone which: 

(A) Is physically in existence at the time the facility compliance plan 
is submitted; 

(B) Is in compliance with all applicable regulations prior to the date 
of submittal of a facility compliance plan to the Permit Consolidation 
Zone Administrator; and 

(C) Requires a new or amended environmental permit to conduct a 
new or modified activity. 

(7) "Facility" means the site presently engaged in oral which an activ- 
ity is planned that is required to obtain authorization from a permitting 
authority for that activity. 

(8) "Facility Compliance Plan" means a document that incorporates 
all of the following: 

(A) Contains information and data for all emissions and discharges 
from the facility and the management of solid waste and hazardous waste. 



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including all information relevant to individual environmental permits 
that would otherwise be required for the facility. 

(B) Specifies measures, including, but not limited to, monitoring, re- 
porting, emissions limits, materials handling, and throughputs, to be tak- 
en by the project applicant to ensure compliance with all environmental 
permits that would otherwise be required. 

(C) Meets the requirements of all individual environmental permits 
that would otherwise be required. 

(D) Ensures compliance with all applicable environmental laws, regu- 
lations, and ordinances. 

(9) "New Facility" means any facility, located within a Permit Consol- 
idation Zone, which was not physically in existence prior to the date of 
submittal of a facility compliance plan to the Permit Consohdation Zone 
Administrator. 

(10) "Permitting Authority" means those governmental entities identi- 
fied by subdivisions (a) to (g), inclusive of Section 71011 of the Public 
Resources Code, specifically including: 

(A) The Department of Toxic Substances Control 

(B) The Department of Pesticide Regulation 

(C) The Slate Air Resources Board 

(D) The State Water Resources Control Board 

(E) The California Integrated Waste Management Board 

(F) The Office of Environmental Health Hazard Assessment 

(G) The Regional Water Quality Control Boards 

(H) Air Quality Management Districts and Air Pollution Control Dis- 
tricts as defined in Section 39025 of the Health and Safety Code. 

(1) An enforcement agency, as defined in Section 40130 of the Public 
Resources Code (Local Enforcement Agencies operating under the au- 
thority of the Integrated Waste Management Act). 

(J) A county agricultural commissioner with respect to his or her ad- 
ministration of Divisions 6 (commencing with Section 11401) and 7 
(commencing with Section 12501) of the Food and Agricultural Code. 

(K) The local agency responsible for administering Chapter 6.7 (com- 
mencing with Section 25280) of the Health and Safety Code concerning 
underground storage tanks and any underground storage tank ordinance 
adopted by a city or county. 

(L) The local agency responsible for the administration of the require- 
ments imposed pursuant to Section 13370.5 of the Water Code (pretreat- 
ment to Publicly Owned Treatment Work (POTW) programs). 

(M) Certified Unified Program Agencies (CUPAs). 

(N) Any other environmental or related permitting authority that elects 
to become a participating agency within the Permit Consolidation Zone. 

(11) "Permit Consolidation Zone" means a geographical area, contig- 
uous or non-contiguous, designated by and within the jurisdiction of a 
city or cities or a county or counties or both, and approved by the Review 
Panel, within which a facility compliance plan may be substituted for all 
environmental permits otherwise required. A Permit Consolidation Zone 
specifies the types of facilities that are eligible to operate under the au- 
thority of a facility compliance plan. 

(12) "Plan Applicant," means the facility owner and/or operator re- 
sponsible for the preparation of a facility compliance plan. 

(13) "Review Panel," means the panel composed of the Secretary for 
Environmental Protection and the Secretary for Trade and Commerce. 
The Review Panel is empowered to review applicants for and designate 
Permit Consolidation Zones. 

(14) "Zone Administrator," means the individual or agency desig- 
nated by the Zone Applicant to be responsible for the administration of 
the zone. The zone applicant may designate any person within any orga- 
nization it deems appropriate to perform these duties, including but not 
limited to a Cal/EPA Permit Assistance Center or a Certified Unified Pro- 
gram Agency. 

( 1 5) "Zone Applicant" means a California city or county, individually 
or together, seeking to be designated as a Permit Consolidation Zone. 

(16) "Zone Applicant Governing Authority" means the duly consti- 
tuted governing board for a city or county within the State of California 



usually a city council in the case of a city or the board of supervisors in 
the case ola county. 

NOTE: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 7103.5.3, 71035.4, 71035.5. 71035.6, 71035.8 and 71305.10, 
Public Resources Code. 

History 

1. New article 2 (section 10401) and section fried 5-22-97; operative 6-21-97 
(Register97. No. 28). 



Article 3. Permit Consolidation Zone 
Application Process 

§ 10402. Eligibility for Designation as a Permit 
Consolidation Zone. 

(a) Cities or counties with a population greater than 5,000. based upon 
the 1990 census, are eligible to apply for a Permit Consolidation Zone 
which may constitute all or part of their jurisdiction. 

(b) Cities and counties, individually or together, may apply for a Per- 
mit Consolidation Zone. 

(c) Not more than 20 Permit Consolidation Zones may be designated. 
Applications approved shall represent a diverse range of urban and rural 
counties and small and large cities. 

Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Section 71035.3, Public Resources Code. 

History 
1. New article 3 (sections 10402-10408) and section filed 5-22-97; operative 
6-21-97 (Register 97, No. 28). 

§ 1 0403. Procedures for Submittal of a Zone Application. 

(a) Any qualifying city and/or county may submit an application for 
a Permit Consolidation Zone after the effective date of these regulations. 

(b) An application for a Permit Consolidation Zone shall be submitted 
to the Review Panel not later than December 31,1 997. The Secretary for 
Environmental Project, may at his discretion, extend the period of time 
to apply to be a zone. 

(c) The city and/or county preparing the application for a Permit Con- 
solidation Zone is responsible for obtaining all the necessary agreements 
required in Section 10404(a)(14) with participating permitting authori- 
ties. 

(d) A Zone Applicant is required to provide notice to the public and 
all interested parties of its submittal of an application for designation of 
a Permit Consolidation Zone by conducting a public hearing 30 days 
prior to submittal of the application. 

Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Section 71035.3, Public Resources Code. 

History 
I. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§ 10404. Informational Requirements for an Application for 
a Permit Consolidation Zone. 

(a) The zone application shall: 

( 1 ) Identify an individual or agency who shall perform the duties of the 
Zone Administrator. 

(2) Designate one primary point of contact for each participating per- 
mitting authority within a zone including title, address, phone number, 
and, if available, the facsimile number and e-mail address of the contact. 

(3) Identify the area which is being designated as a Permit Consolida- 
tion Zone. This shall include a description of the area and a listing of the 
types of facilities specifically included within the zone, a map showing 
the zone boundaries, the boundaries of the applicant's jurisdiction, and 
the boundaries of adjacent jurisdictions. 

(4) Identify the population of the city or county based on the 1990 cen- 
sus. 

(5) Identify the environmental permits to be substituted by the facility 
compliance plan. 

(6) Identify the types of facilities which the Zone Applicant will pro- 
hibit from inclusion within the Permit Consolidation Zone. 



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General Functions and Responsibilities 



§ 10406 



(7) Include a copy of the resolution adopted by the Zone Applicant's 
governing authority that approves the creation of a Permit Consolidation 
Zone. 

(8) Identify any efforts to reform or expedite permit procedures or re- 
quirements that constitute permit streamlining that have been 
implemented by the Zone Applicant" sjurisdiction(s) or the environmen- 
tal agencies participating in the proposed Permit Consolidation Zone. 

(9) Identify if there is a single CUPA within the boundaries of the pro- 
posed Permit Consolidation Zone. 

( 10) Identify the public notice requirements that currently exist for the 
individual environmental permits that will be substituted by a facility 
compliance plan. 

(11) Identify the public notice, hearing, comment, participation, ad- 
ministrative appeal, and judicial review provisions that apply to a Plan 
Applicant within the proposed Permit Consolidation Zone. 

(12) Identify the steps taken, in addition to the public notice require- 
ment in Section 10402(d). to inform the public and businesses located 
within a proposed zone of the zone applicant's intent to apply for a Permit 
Consolidation Zone. 

(13) Identify the permitting authorities which have agreed to partici- 
pate in the Permit Consolidation Zone. 

(14) Identify the agreements or agreements in process, between the 
zone applicant and other local, state, federal, and regional permitting 
agencies with Jurisdiction within the boundaries of the proposed Permit 
Consolidation Zone. These agreements shall represent and describe the 
commitment of the permitting authority to participate in a Permit Consol- 
idation Zone. The Zone Applicant shall submit all approved agreements 
with the application package. The approved agreements must: 

(A) Be binding on the parties executing the agreement; 

(B) Clearly identify the permits to be substituted by a facility com- 
pliance plan; and 

(C) Identify the appeal process to be used in the event a facility wishes 
to appeal a determination of incompleteness and/or inadequacy. 

(15) Identify any and all military bases or military reservations being 
converted to private use within the boundaries of the proposed Permit 
Consolidation Zone. 

(16) Identify how permitting authorities will cooperate on facility 
compliance inspections, consolidation of permit fees, and review and 
submittal of environmental monitoring reports. 

(17) Identify the process for conversion of a facility compliance plan 
to individual environmental permits, in the event of termination of the 
Permit Consolidation Zone, withdrawal of a permitting authority from a 
Zone, or upon the request of a facility who has received a facility com- 
pliance plan. 

(18) Identify how the California Environmental Quality Act (CEQA) 
will be complied with and implemented within the proposed Permit Con- 
solidation Zone and who will be responsible. 

(19) Provide information that shows the proposed Permit Consolida- 
tion Zone is in conformance with all planning and zoning restrictions 
applicable to the permits to be substituted by a facility compliance plan 
within the zone. 

(20) Identify all economic incentive zones that exist within the Permit 
Consolidation Zone. 

(21) Identify the fees assessed for each individual permit application 
that may be incorporated within the consolidated fee statement for a facil- 
ity compliance plan application. 

(22) Identify steps zone applicant will use to encourage businesses 
within a zone to practice pollution prevention. 

Note. Authority cited: Sections 71035.1 and 71303.2, Public Resources Code. 
Reference: Sections 7 1033.3, 7103.S.4, 71035.5, 71035.6 and 71035.8, Public Re- 
sources Code. 

History 
I. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 



§ 10405. Process for Approval of an Application for 

Designation of a Permit Consolidation Zone. 

(a) The Review Panel shall evaluate the adequacy of an application for 
designation of a Permit Consolidation Zone. In conducting this review 
the Review Panel may rely upon staff from either agency to evaluate the 
application materials. 

( 1 ) The Review Panel shall, within 60 days of receipt of the applica- 
tion, either (a) convey a letter of deficiency to the zone applicant idenii ty- 
ing and requesting submittal of information that will allow the Review 
Panel to make a determination on the zone designation, or (b) advise the 
zone applicant that the zone application contains the information neces- 
sary to make a designation. 

(2) In the event a letter of deficiency is sent to the zone applicant, the 
zone applicant shall submit information correcting the deficiency, at the 
earliest opportunity, but in no event after June 30. 1 998. The Review Pan- 
el shall have 60 days to conduct its review of the submitted information 
to determine if the application is complete. 

(3) Zone applications shall be acted upon by the Review Panel within 
30 days of their being found to contain all the necessary elements to allow 
a zone determination to be made. 

(4) The zone applicant shall be notified of the Review Panel's determi- 
nation in writing. 

(5) A Permit Consolidation Zone shall become effective following its 
designation by the Review Panel. A Zone Applicant may determine a 
specific date following approval by the Review Panel for the Zone to be- 
come operational. 

(6) An application for a Permit Consolidation Zone that remains defi- 
cient after June 30, 1998 shall be denied. 

(b) When evaluating a zone application, the Review Panel shall con- 
sider the following factors: 

(1) The extent to which the zone applicant has implemented permit 
streamlining for permits under its own authority. 

(2) Whether there is a single CUPA within the boundaries of the area 
proposed as a zone. 

(3) The provisions made to ensure adequate public participation in the 
final permit decisions on facilities subject to a facility compliance plan. 

(4) The contents of existing or proposed agreements between the 
applicant and other local, state, and regional permitting agencies with ju- 
risdiction within the proposed Permit Consohdation Zone. 

(c) The Review Panel shall make its determination of approval of a 
zone application only on the basis of and after finding that the application 
fulfills the requirements of Sections 10402, 10404, and 10405(b). 

(d) The Review Panel shall make its zone designations based upon the 
applications that are pending before it at the time a decision is made. 

NOTE: Authority cited: Sections 71035.1 and 71305.2. Public Resources Code. 
Reference: Sections 71035.3, 71035.4, 71035.5, 71035.6 and 71033.8, Public Re- 
sources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§ 10406. Responsibilities of the Zone Administrator. 

(a) The Zone Administrator shall have the following responsibilities: 

(1 ) Ensure that the Review Panel has all the necessary information it 
may request to allow it to render a decision on the zone application. 

(2) Monitor the coordination and cooperafion of all participating and 
related permitting authorities. 

(3) Monitor the review of facility compliance plans by permitfing au- 
thorities and facilitate the greatest possible coordination between the per- 
mitting authorities to expedite their review. 

(4) Submit to the Plan Applicant a consolidated fee statement that 
specifies the individual fees payable to each permitting authority making 
adeterminaUon of completeness and adequacy for a portion of the facility 
compliance plan. 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(5) Monitor activities performed by permitting authorities to conform 
to CEQA. 

(6) Ensure the transmittal of the facility compliance plan, following 
the receipt of all determinations of completeness and adequacy, to the 
Secretary for Environmental Protection. 

(7) Immediately notify the Plan Applicant when a complete and ade- 
quate facility compliance plan has been transmitted to the Secretary for 
Environmental Protection. 

NOTE: Authority cited: Sections 71035.1 and 71305.2. Public Resources Code. 
Reference: Sections 71033.3. 71035.4, 71035.5, 71035.6 and 71305.10, Public 
Resources Code. 

History 
1. New section fded 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§ 10407. Process for Amendment or Termination of a Zone 
Designation. 

(a) A designated Permit Consolidation Zone may be amended by sub- 
mittal of a request from the Zone Administrator to the Review Panel. 

( 1 ) The amendment request shall contain the information necessary to 
augment the information provided in the application materials required 
by Section 10405 to make those materials consistent with the requested 
amendment. 

(2) Public notice of an intent to amend a zone designation shall become 
effective 90 days prior to the Zone's governing board's action directing 
the submittal of a "request to amend" to the Review Panel. 

(3) The request for amendment, unless denied by the Review Panel, 
shall become effective 90 days after the date of receipt by the Review 
Panel. 

(b) A designated Permit Consolidation Zone may be terminated by 
submittal of a notice of intent to terminate to the Review Panel. 

(1) A transmittal letter and concurring resolution adopted by the 
Zone's governing authority shall constitute a notice of intent to terminate 
a Permit Consolidation Zone. 

(2) Notice of the intention of the Zone to terminate its designation shall 
be provided by the Zone's governing board 30 days prior to formal con- 
sideration of the termination to each participating permitting authority 
and all facilities within the Zone who have applied for or who have re- 
ceived approved facility compliance plans. 

(3) Public notice of an intent to terminate a zone designation shall be 
provided fourteen days prior to the Zone's governing board's action di- 
recting the submittal of a "notice of intent to terminate" to the Review 
Panel. 

(4) The Permit Consolidation Zone shall be terminated 180 days fol- 
lowing the submittal of the notice of intent to the Review Panel. 

(c) A permitting authority participating in a Permit Consolidation 
Zone may withdraw from the Zone by following the procedures set forth 
in subpart (b) above. 

NOTE: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.3 and 71035.4, Public Resources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§ 1 0408. Termination or Amendment of Permit 

Consolidation Zones; Process for Conversion 
of a Facility Compliance Plan to Individual 
Environmental Permits. 

(a) A facility compliance plan shall be converted into individual envi- 
ronmental permits when a zone is terminated or if a zone amendment re- 
sults in the facility no longer being included within the zone. 

(b) The process of conversion shall be the process identified in the 
application for designation of the Permit Consolidation Zone. 

(c) A facility compliance plan shall remain in effect, unless otherwise 
prohibited by law, until such time individual environmental permits are 
issued or denied by the permitting authorities. A facility operating under 
a facility compliance plan shall not be denied an individual operating per- 
mit for the operations conducted pursuant to a complete and adequate fa- 
cility compliance plan except in the case such operation would be in con- 



flict with a law or regulation or ordinance applicable at the time the 
facility compliance plan would be converted to an individual permit. 
NOTE: Authority cited: Sections 71035.1 and 71305.2. Public Resources Code. 
Reference: Sections 71035.3, 71035.4, 71035.5 and 71035.6, Public Resources 
Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97. No. 28). 



Article 4. Facility Compliance Plan 

§ 10409. Contents of the Facility Compliance Plan. 

(a) The Plan Applicant shall prepare and submit a proposed facility 
compliance plan for review by the individual permitting authorities. 

(1) The proposed facility compliance plan shall demonstrate com- 
pliance with all applicable environmental laws, rules, regulations, and 
ordinances specified by the permitting authorities for the activity to be 
authorized by the facility compliance plan. 

(2) The proposed facility compliance plan shall contain the informa- 
tion required by Section 10401(a)(8). 

(b) The proposed facility compliance plan may incorporate the follow- 
ing optional elements, provided they are not otherwise required by a per- 
mitting authority, with the understanding that they shall not constitute a 
substitute for any existing regulatory compliance requirements: 

(1) Identification of relevant environmental impacts associated with 
the operation of a facility; 

(2) Identification of operational standards for environmental perform- 
ance which meet or exceed all permit and other legal requirements; 

(3) A description of an internal environmental management proce- 
dures which enable the facility to meet its legal requirements; 

(4) A monitoring and reporting system which identifies operational 
performance and identifies any excursion from established goals; 

(5) Appropriate training, awareness, and communication systems for 
the organization; 

(6) Appropriate documentation and document control; 

(7) Consolidated plans for appropriate emergency preparedness and 
response; 

(8) Procedures establishing internal audits; and 

(9) Procedures for appropriate supervisory review of performance in 
meeting established environmental goals. 

(c) A facility compliance plan shall contain the conditions deemed 
necessary by a permitting authority to render a plan complete and ade- 
quate. The conditions imposed by a permitting authority shall be consis- 
tent with its authority to impose conditions on individual environmental 
permits for which the facility compliance plan is a substitute. 

NOTE: Authority cited: Sections 71035.1 and 71305.2. Public Resources Code. 
Reference: Sections 71035.4, 71035.5, 71035.6 and 71035.8, Public Resources 
Code. 

History 
1. New article 4 (sections 10409-10411) and section filed 5-22-97; operative 
6-21-97 (Register 97, No. 28). 

§ 10410. Process for Submittal, Review, and Approval of a 
Facility Compliance Plan. 

(a) Notification 

(1 ) A Plan Applicant shall provide written notice to the Zone Adminis- 
trator and each participating permitting authority within the Zone of its 
intent to substitute a facihty compliance plan for individual environmen- 
tal permits. The notice shall provide a description of the activities to be 
conducted under the terms of a facility compliance plan. 

(2) The Zone Administrator shall develop a form or checklist to be 
used by the Plan Applicant to augment the information provided in the 
notice. The contents of the form or checklist shall be used to allow the 
participating permitting authorities to review the nature of the proposed 
facility operation to determine if the activity falls under their jurisdiction. 

(3) A notice of intent to submit a proposed facility compliance plan 
shall be provided to the Zone Admirustrator and each participating per- 
mitting authority not less than 60 days prior to submittal of the plan. 



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General Functions and Responsibilities 



§ 10412 



(4)(A) The Zone Administrator shall, during the public notice period 
preceding submittal of a proposed facility compliance plan for consider- 
ation, facilitate discussions with the Plan Applicant and the individual 
permitting authorities to clarify the technical information required in a 
complete and adequate facility compliance plan. 

(B) At any time subsequent to the sixty-day notification period, a Plan 
Applicant may submit a proposed facility compliance plan to the Zone 
Administrator. 

(b) Where feasible and practicable, and at the request of the Zone Ad- 
ministrator, California Environmental Protection Agency Permit Assis- 
tance Centers may participate in the review of a proposed Facility Com- 
pliance Plan. 

(c) The Plan Applicant shall submit a copy of a proposed facility com- 
pliance plan concurrently to the Zone Administrator and to each permit- 
ting authority participating in the zone from whom a determination of 
completeness and adequacy is required. 

(d)( 1 ) The permitting authorities reviewing the proposed facility com- 
pliance plan shall transmit their determination whether the proposed plan 
is complete and adequate to the Plan Applicant and Zone Administrator 
within 45 days of receipt of the plan. 

(2) The Zone Administrator shall, within five (5) days of receiving all 
required determinations of completeness and adequacy from the appro- 
priate permitting authorities, transmit the consolidated determination to 
the Secretary for Environmental Protection. 

(e) if the proposed facility compliance plan is determined not to be 
complete and adequate, the permitting authority shall, not later than 45 
calendar days after receipt of a proposed facility compliance plan, speci- 
fy in writing to the applicant and Zone Administrator those parts of the 
plan that are deficient and shall list and provide a thorough description 
of the information that must be provided to allow a determination of com- 
pleteness and adequacy to be made. 

(OThe Plan Applicant shall resubmit the proposed facility compliance 
plan incorporating the information required by the permitting authorities 
to render the plan complete and adequate. The permitting authorities 
shall, within 30 days of receipt of the resubmitted plan, determine in writ- 
ing whether the proposed plan is complete and adequate. The permitting 
authorities shall transmit their determination to the Zone Administrator 
and the Plan Applicant. If the determination of completeness and adequa- 
cy from any individual permitting authority is not provided within the 
30-day period, the portion of the proposed facility compliance plan 
applicable to the permitting authority that did not meet that determination 
deadline, shall be deemed to be complete and adequate. 

(g) Each permitting authority shall identify, in the application for des- 
ignation of a Permit Consolidation Zone, a process for the Plan Applicant 
to appeal a determination of incompleteness or inadequacy. This process 
shall be the permitting authority's existing appeal process, or, in the event 
the existing process is not in conformance with the time frames provided 
by these regulations, a separate process adopted by the permitting author- 
ity's governing body. 

(h) The permitting authority shall make a final determination of an ap- 
peal by a Plan Applicant within 60 calendar days after receipt of the Plan 
Applicant's written appeal. If the decision on appeal is not made within 
the 60-day period that portion of the facility compliance plan subject to 
the appeal, shall be deemed to be complete and adequate. 

(i) All applicable individual environmental permits for the project 
shall be deemed to have been issued upon the filing of a complete and 
adequate facility compliance plan with the Secretary for Environmental 
Protection. 

(j) The Plan Applicant and any permitting authority may mutually 
agree to waive the timeframes provided in this section or establish a mu- 
tually agreed upon substitute timeframe. 

Note. Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.4. 71035.6 and 71035.8, Public Resources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 



§ 10411. Process to Amend a Facility Compliance Plan. 

(a) A facility compliance plan shall be drafted in such a manner as to 
reflect a range of operating parameters that will anticipate future opera- 
tions and which provide flexibility to the Plan Applicant. 

(b)(r) In the event a facility seeks a modification of operational terms 
beyond that contemplated and authorized by the facility compliance 
plan, the facility shall submit an amended facility compliance plan for 
consideration. The amended plan shall be reviewed pursuant to the provi- 
sions identified in Section 10410 for a new facility compliance plan. 

(2) Only the portion of the plan which is being amended will be subject 
to review by the permitting authorities. 

(3) No additional requirements shall be imposed within an amended 
facility compliance plan except as they are specifically applicable to the 
subject of the activity for which the amendment is sought. 

(4)(A) A facility compliance plan shall be subject to any provision ol' 
law or regulation adopted subsequent to the approval of the plan. At the 
request of a permitting authority, a facility operating under a facility 
compliance plan may be required to incorporate language within the plan 
to reflect compliance with laws and regulations adopted subsequent to 
the initial determination of completeness and adequacy. 

(B) A facility shall submit an amended facility compliance plan to a 
permitting authority whenever submission of an amended application for 
an environmental permit, for which the facility compliance plan is a sub- 
stitute, would otherwise be required by law. 

(5) If a provision of a facility compliance plan is found by a permitting 
authority to cause or threatens to cause a threat to public health or safely, 
or harm to the environment, the plan shall be subject to immediate modi- 
fication to remove that threat or harm. 

(c) To the extent not otherwise authorized by law or regulation, 
amendment of a facility compliance plan is not required for any of the 
following: 

(1) Any physical change, process change, change in method of opera- 
tion, addition to or any change in hours of operation, or change in the pro- 
duction rate, provided the change does not result in an increase in or 
change, in the nature of emissions or discharges from the facility beyond 
that contemplated in the facility compliance plan; 

(2) A change in ownership, or operator; 

(3) Routine maintenance and repair; 

(4) Equivalent replacement of an existing facility structure, building, 
apparatus, or equipment, provided the replacement will not result in an 
increase in the nature or amount of emissions or adds a new emission pa- 
rameter inconsistent with the overall emission limits set by the facility 
compliance plan, and/or 

(5) Replacement of equipment resulting in an increase or decrease in 
emissions or discharges released to the environment, provided the in- 
crease is consistent with the terms of the facility compliance plan setting 
overall emission limits. 

NOTE; Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.4, 71035.6 and 71035.8, Public Resources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

Article 5. Miscellaneous Provisions 

§10412. Assessment of Fees. 

(a)(1) Permit application fees, payable upon submittal of a facility 
compliance plan, shall be determined by each permitting authority and 
conveyed to the Plan Applicant in a single consolidated statement pre- 
pared by the Zone Administrator. The fees assessed for the facility com- 
pliance plan shall not exceed those fees applicable to the permits for 
which the facility compliance plan is a substitute. All costs currently re- 
covered by a permitting authority for any aspect of the review of a permit 
application shall be recoverable through the fee assessed for a facility 
compliance plan. Any fee associated with the operation of a facility is not 
affected by these regulations and is payable to the permitting authority 
through their existing procedures. 



Page 119 



Register 2008, No. 16; 4-18-2008 



§ 10413 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(2) The fees submitted with the facility compliance plan shall be 
through separate checks payable to each permitting authority for that por- 
tion of the plan subject to their review. 

(3) Where fees are allowed to be determined on an actual cost basis, 
the consolidated fee statement shall indicate that the fee is so based. Per- 
mitting authorities shall take adequate measures to account for fees not 
expended in the event a fee reimbursement becomes necessary. 

(4) In the event a facility compliance plan is amended, or a participat- 
ing permitting authority withdraws from a Zone, or a Zone is terminated, 
a facility shall pay to the appropriate permitting authority the actual cost 
to incorporate the amendment, or convert the facility compliance plan to 
an individual environmental permit. 

(5) Until such time as the requisite fees for a facility compliance plan 
application or amendment are paid, the 45-day review period identified 
in Section 10410(d)(1) shall be tolled. 

(6) A facility compliance plan shall be subject to all annual operating 
fees otherwise required for an individual environmental permit. Non- 
payment of any annual operating fee shall subject the portion of the facil- 
ity compliance plan to termination upon 60 day notice to the facility. 
NOTE: Authority cited: Sections 71035.1 and 71.305.2. Public Resources Code. 
Reference: Sections 71035.5, 71035.6 and 71035.8, Public Resources Code. 

History 
1. New article 5 (sections 10412-10418) and section filed 5-22-97; operative 
6-21-97 (Register 97, No. 28). 

§ 10413. Effective Date of a Facility Compliance Plan. 

(a) A facility compliance plan becomes effective upon the date all ele- 
ments of a complete and adequate plan are received by the Secretary for 
Environmental Protection. 

(b) A facility shall not construct or expand until notified, in writing, 
that the facility compliance plan for such construction or expansion has 
been determined to be complete and adequate by all appropriate permit- 
ting authorities, except as otherwise authorized by law. 

NOTE: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.5, 71035.6 and 71035.8, Public Resources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97. No. 28). 

§ 1 041 4. Facility Compliance Plan Format. 

(a) No format is specifically identified in these regulations for the sub- 
mittal of an application for either a Permit Consolidation Zone or a facil- 
ity compliance plan. A designated Permit Consolidation Zone may pre- 
scribe the format to be used for a facility compliance plan in the 
application submitted for its designation as a zone. 
NOTE: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.3, 71035.5 and 71035.6, Public Resources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§ 10415. Facility Compliance Plan; Term. 

(a) Unless otherwise restricted by law, a facility compliance plan is ef- 
fective throughout the term of the pilot program and until converted into 
individual environmental permits as provided in Section 10408. 
NOTE; Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.5, 71035.6 and 71035.7, Public Resources Code. 

History 
] . New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§ 10416. Reimbursement of Fees in the Event a Permit 

Consolidation Zone is Amended or Terminated 
or a Facility Compliance Plan is Withdrawn. 

(a) Fees submitted by a Plan Applicant for review of a facility com- 
pliance plan shall, in the event of amendment or termination of a Zone 
removing a facility from inclusion within a Zone, or upon the withdrawal 



of the plan by the facility owner/operator, be reimbursed on a pro-rata 
basis reflecting the costs incurred by the permitting authorities for review 
of the facility compliance plan, except in those cases where the applica- 
tion fee for the individual environmental permit being replaced by the fa- 
cility compliance plan offers no opportunity for reimbursement. 

(b) In the event of amendment or termination of a Zone removing a fa- 
cility from inclusion within a Zone and the Plan Applicant wishes to ob- 
tain approval for the facility, the portion of the fee that would otherwise 
be reimbursed to the Plan Applicant may be applied to the review of indi- 
vidual permits. 

NOTE: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.5 and 71035.6, Public Resources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§ 1 041 7. Enforcement of Facility Compliance Plan. 

(a) A facility compliance plan shall, in all respects, be subject to en- 
forcement by a participating permitting authority the same as if it were 
an individual permit issued by the permitting authority. 
NOTE: Authority cited: Sections 71035.1 and 71305.2. Public Resources Code. 
Reference: Sections 71035.3, 71035.5 and 71035.6, Public Resources Code. 

History 
1. New section filed 5-22-97; operative 6-21-97 (Register 97, No. 28). 

§10418. Confidentiality. 

(a) These regulations do not modify any ability of a Plan Applicant or 
permitting authority to preserve the confidentiality of portions of the fa- 
cility compliance plan that qualify for such designation under existing 
authority. 

(b) The Zone Administrator and any participating permitting authority 
shall maintain the confidentiality of any portion of the facility com- 
pliance plan requested by the Plan Applicant in conformance with exist- 
ing procedures for the protection of confidential documents submitted as 
part of a permit application. 

NOTE; Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Sections 71035.5 and 71035.6, Public Resources Code. 

History 
1. New section filed 5-22-97; operafive 6-21-97 (Register 97, No. 28). 



Article 6. Reporting and Review 

§ 1 041 9. Reports Required to Be Submitted by the Zone 
Administrator to the Review Panel. 

(a) By December 31 of each year, the Zone Administrator shall submit 
a report to the Review Panel that states the progress of implementation 
of the program within the pilot Permit Consolidation Zone. The reports, 
shall at a minimum, contain: 

( 1 ) The number of facilities that have submitted a facility compliance 
plan and the status of that plan in the review/approval process; 

(2) Whether any Plan Applicant used the facility compliance plan ap- 
peal process and the outcome of that appeal; 

(3) Any written comments received from any party regarding the im- 
plementation of the pilot program; 

(4) Any recommendation the Zone Administrator wishes to convey re- 
garding the implementation of the pilot program and/or proposed 
changes in legislative language; and 

(5) Any other information the Zone Administrator wishes to convey 
or which has been requested by the Review Panel. 

NOTE: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. 
Reference: Section 71305.10, Public Resources Code. 

History 
1. New article 6 (section 10419) and section filed 5-22-97; operative 6-21-97 
(Register 97, No. 28). 



[The next page is 401. 

Page 120 



Register 2008, No. 16; 4- 18-2008 



Title 27 



General Functions and Responsibilities 



§ 15100 



Subdivision 4. State Delegation 

Chapter 1. Unified Hazardous Waste and 

Hazardous Materials Management 

Regulatory Program 



Part I. 



Definitions, Application, and 
Certification 



Article 1. Introduction 

§ 15100. Unified Program. 

(a) Health and Safety Code division 20, chapter 6. 1 1 , and these regula- 
tions outline the requirements for the Unified Program for hazardous ma- 
terials and hazardous waste management. This division integrates re- 
quirements established pursuant to: 

( 1 ) The Hazardous Waste Generator (HWG) program and the Hazard- 
ous Waste Onsite Treatment activities authorized under the permit-by- 
rule (PBR), conditionally authorized (CA), and conditionally exempt 
(CE) tiers — Health and Safety Code division 20, chapter 6.5 (generally 
supplemented by Cal. Code Regs., tit. 22, div. 4.5); 

(2) The Aboveground Storage Tank (AST) program Spill Prevention 
Control and Countermeasure Plan requirements — Health and Safety 
Code division 20. chapter 6.67, section 25270.5(c); 

(3) The Underground Storage Tank (UST) program — Health and 
Safety Code division 20, chapter 6.7; (generally supplemented by the 
Cal. Code Regs., tit. 23, chs. 16 and 17); 

(4) The Hazardous Materials Release Response Plans and Inventory 
(HMRRP) program — Health and Safety Code division 20, chapter 6.95, 
article 1 (generally supplemented by Cal. Code Regs., tit. 19, 
§§ 2620-2734); 

(5) California Accidental Release Prevention (CalARP) program — 
Health and Safety Code division 20, chapter 6.95, article 2 (generally 
supplemented by Cal. Code Regs., tit. 19, §§ 2735.1-2785.1);^ 

(6) The Hazardous Materials Management Plans and the Hazardous 
Materials Inventory Statement (HMMP/HMIS) requirements — Califor- 
nia Fire Code title 24, part 9, sections 8001.3.2 and 8001.3.3. 

(b) The Secretary of the California Environmental Protection Agency 
(Secretary), state agency, and Certified Unified Program Agency 
(CUPA) responsibilities for Unified Program elements are clarified as 
follows: 

(1) The Secretary is responsible for: 

(A) Adopting regulations for the administration and implementation 
of the Unified Program. 

(B) Consolidating, coordinating, and making consistent the require- 
ments of the Unified Program with requirements imposed by other gov- 
ernment agencies on businesses regulated by the Unified Program, to the 
maximum extent feasible. 

(C) Developing a Unified Program in close consultation with Depart- 
ment of Toxic Substances Control (DTSC), Governor's Office of Emer- 
gency Services (OES), Office of the State Fire Marshal (SFM), State Wa- 
ter Resources Control Board (SWRCB), local health officers and fire 
services, other interested local agencies, affected businesses, environ- 
mental organizations, and interested members of the public. 

(D) Implementing a Unified Program that consolidates the administra- 
tion of program elements. 

(E) Implementing a Unified Program that ensures coordination and 
consistency of the regulations adopted for each program element, to the 
maximum extent feasible. 

(F) Determining Unified Program implementation in each jurisdiction 
and certifying an agency as the CUPA, including approval of each partic- 
ipating agency's (PA's) implementation. 



(G) Periodically reviewing each CUPA's ability to adequately imple- 
ment the Unified Program. 

(H) Managing the Unified Program surcharge account. 

(2) The state agencies will establish and interpret statewide standards 
for those Unified Program elements for which they are responsible. 

(A) OES has responsibility for the HMRRP program and the CalARP 
program. 

(B) To avoid overlap in responsibilities, CUPA and state agency re- 
sponsibilities for the HMRRP and CalARP program elements are clari- 
fied as follows: 

(i) OES will coordinate the consolidation of planning formats pursuant 
to Health and Safety Code section 25503.4. 

(ii) OES will coordinate program responsibilities concerning HMRRP 
and CalARP activities. 

(iii) OES will coordinate revisions to the single comprehensive haz- 
ardous material reporting form required pursuant to Health and Safety 
Code section 25503.3 and to the CalARP guidance document. 

(iv) CUPAs will establish procedures for acceptance, tracking and 
maintenance of HMRRP, CalARP, and acutely hazardous materials reg- 
istration forms from regulated businesses. 

(v) CUPAs will establish procedures for acceptance, tracking and 
maintenance of reports of any release or threatened release of a hazard- 
ous material which poses the potential for significant hazard. 

(vi) CUPAs will integrate information from the business plans sub- 
mitted into the development and implementation of an area plan, as de- 
fined in Health and Safety Code chapter 6.95, article 1 , within their juris- 
dicfion. 

(vii) CUPAs shall ensure emergency response personnel and OES full 
access to informafion collected and maintained regarding implementa- 
non of HMRRP and CalARP program elements. 

(C) SFM has responsibility for California Fire Code sections 8001 .3.2 
and 8001.3.3, as adopted pursuant to Health and Safety Code section 
13143.9, concerning the HMMP/HMIS. 

(D) To avoid overlap in responsibilifies, CUPA and state agency re- 
sponsibilities for the HMMP/HMIS (Health & Saf. Code, § 25404(c)(6)) 
are clarified as follows: 

(i) SFM will coordinate program responsibilities concerning the 
HMMP/HMIS. 

(ii) HMMP/HMISs, when required, will comply with Health and Safe- 
ty Code sections 25500 through 25545 and California Code of Regula- 
tions, Utle 19, division 2. chapter 4, section 2620 et. seq. 

(iii) Each CUPA will ensure full access to and availability of informa- 
tion submitted under section 8001.3(b) and (c), part 9 of the California 
Code of Regulafions, title 24, to any chief of any county or city fire de- 
partment or district with shared responsibility for protection of the public 
health and safety of the environment. The CUPA will forward the data 
collected, within 15 days of receipt and confirmation, to the county or 
city fire department or district. 

(E) SWRCB has responsibility for the UST program and represents the 
Regional Water Quality Control Boards for the AST Spill Prevention 
Control and Countermeasure plan verification. 

(F) To avoid overiap in responsibilities, CUPA and state agency re- 
sponsibilities for the UST program elements are clarified as follows: 

(i) A CUPA may oversee the abatement of unauthorized releases of 
hazardous substances from underground storage tanks pursuant to the 
Local Oversight Program (LOP) listed in Health and Safety Code section 
25297. 1, providing the following criteria are met: 

1 . The CUPA must demonstrate its capability to oversee corrective ac- 
tion by having two years of acceptable experience implementing the un- 
derground storage tank program under Regional Water Quality Control 
Board oversight after which time the CUPA may apply to the SWRCB 
to enter into an agreement for the LOP. 

2. The funding source available to the SWRCB is sufficient to cover 
the LOP agreements. 

(G) DTSC has responsibility for the HWG and Onsite Hazardous 
Waste Treatment programs. 



Page 401 



Register 2008, No. 12; 3-21 -2008 



§15110 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(H) To avoid overlap in responsibilities, CUPA and stale agency re- 
sponsibilities for the HWG and Onsite Hazardous Waste Treatment ele- 
ments are clarified as follows: 

( i) DTSC will coordinate, to the maximum extent feasible, the respon- 
sibilities concerning hazardous waste generators and onsite hazardous 
waste treatment activities with the CUPA at a hazardous waste Treat- 
ment, Storage and Disposal (TSD) facility. 

( ii) CUPAs may refer enforcement cases to the DTSC. DTSC may ac- 
cept enforcement cases at its discretion. 

(iii) CUPAs will establish procedures to accept the following reports 
from businesses: 

1. Contingency Plan activation report for permitted facilities (Cal. 
Code Regs., tit. 22, § 66264.56(j) and 66265.56(j)). 

2. Release reports for tank systems or secondary containinent systems 
reporting the release of a reportable quantity (Cal. Code Regs., tit. 22, 
§ 66265.196(e)). 

3. Tiered Permitting Closure Reports. 

(iv) CUPAs will review source reduction documents required of busi- 
nesses pursuant to Health and Safety Code sections 25244. 19. 25244.20, 
and 25244.21; and may impose civil penalties pursuant to Health and 
Safety Code section 25244.21(a). 

(v) Hazardous Waste Manifest documents will continue to be sub- 
mitted to DTSC. 

(vi) Hazardous Waste Manifest Exception Reports will continue to be 
submitted to DTSC. 

(vii) DTSC will retain responsibility for hazardous waste classifica- 
tions. 

(viii) DTSC will retain responsibility for overseeing exports of hazard- 
ous waste out of the country. 

(ix) DTSC and the U.S. Environmental Protection Agency will retain 
responsibility for issuing EPA numbers. 

(x) DTSC will retain responsibility for the following elements of the 
Hazardous Waste Source Reduction and Management Review Act of 
1989 (Health & Saf. Code, § 25244.12 et. seq.):^ 

1 . Conduct a technical and research assistance program pursuant to 
Health and Safety Code section 25244.17. 

2. Select at least two categories of generators by SIC Code every two 
years to identify successful source reduction measurers pursuant to 
Health and Safety Code section 25244.18(a). 

3. Impose civil penalties pursuant to Health and Safety Code section 
25244.18(d)(2). 

4. Report to the Legislature pursuant to Health and Safety Code section 
25244.22. 

(xi) DTSC will retain the responsibility to collect Biennial Reports 
specified in California Code of Regulations, title 22, section 66262.41 . 

(xii) DTSC will notify and coordinate with the appropriate CUPA re- 
garding any investigation it will conduct of hazardous waste generators; 
hazardous waste generators conducting treatment conditionally autho- 
rized pursuant to Health and Safety Code section 25200.3; hazardous 
waste generators conducting treatment conditionally exempted pursuant 
to Health and Safety Code section 25201 .5; and facilities deemed to hold 
a permit-by-rule pursuant to the regulations adopted by DTSC. Informa- 
tion related to an ongoing investigation shall remain confidential. 

(I) State agencies' responsibilities include: 

(i) Maximizing coordination, consolidation, and consistency of their 
Unified Program element(s) within the Unified Program. 

(ii) Participating in evaluating CUPAs as defined by the Secretary. 

(iii) Providing necessary guidance, training, and support to Unified 
Program Agencies. 

(3) The Unified Program Agencies' responsibilities include imple- 
menting the requirements in Health and Safety Code chapter 6.11, these 
regulations, and the requirements for each program element. 
NOTE; Authority cited: Sections 25404(b), 25404.1(b)(1), 25404.3(f) and 
25404.6(c), Health and Safety Code. Reference: Sections 25404(b), (c) and (d), 
25404. 1, 25404.2(a) and (c), 25404.3(f), 25404.5 and 25533(f), Health and Safety 
Code. 



History 

1 . New division 1, subdivision 4, chapter 1, article 1 and section filed 1 1-14—94 
as an emergency; operative 1 1-14-94 (Register 94, No. 46). A Certificate of 
Compliance must be transmitted to OAL by 3-20-95 or emergency language 
will be repealed by operation of law on the following day. 

2. New division 1, subdivision 4, chapter 1, article 1 and section refded 3-7-93 
as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Com- 
pliance must be transmitted to OAL by 7-5-95 or emergency language will be 
repealed by operation of law on the following day. 

3. New division 1, subdivision 4, chapter 1, article 1 and section refiled 7-7-95; 
operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be 
transmitted to OAL by 1 f^-95 or emergency language will be repealed by op- 
eration of law on the following day. 

4. New division 1, subdivision 4, chapter 1. article 1 and section refiled 1 1-3-95 
as an emergency; operative 1 1-3-95 (Register 95. No. 44). A Certificate of 
Compliance must be transmitted to OAL by 3-2-96 or emergency language will 
be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 11-14-94 order including new subsections 
(a)-(a)(6), subsection relettering, amendment of newly designated subsections 
(b)-(b)(l), new subsection (b)(2) and subsection renumbering, repealer of for- 
mer subsections (b)-(b)(6), new sections (c)-(g), subsection relettering and 
new Figure 1 designator transinitted to OAL 12-1 5-95 and filed 1-3 1-96 (Reg- 
ister 96, No. 5). 

6. New part 1 heading, amendment of subsection (b)(4). new subsecfions 
(b)(4)( A)-(B), and amendment of Note filed 1-8-99 as an emergency; opera- 
live 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be trans- 
mitted to OAL by 5-10-99 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Certificate of Compliance as to 1-8-99 order, including further amendment of 
subsections (b)(4)-(b)(4)(B), transmitted to OAL 4-2-99 and filed 5-14-99 
(Register99, No. 20). 

8. Amendment of secfion heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

9. Change without regulatory effect amending subsecfions (a)(1), (b)(1)(F), 
(b)(2)(B), (b)(2)(B)(ii), (b)(2)(B)(iv). (b)(2)(B)(vii). (b)(2)(D)(iii), 
(b)(2)(H)(iii)2., (b)(2)(H)(iv) and (b)(2)(H)(ix)-(x) filed 3-21-2008 pursuant 
to secfion 100, title 1, CaUfomia Code of Regulations (Register 2008, No. 12). 



Article 2. Definitions 

§ 15110. Unified Program Definitions. 

(a) Applicant Agency means a county, city or other qualified local 
agency that is applying to the Secretary to become a Certified Unified 
Program Agency. 

(b) Certified Unified Program Agency or CUPA means the agency 
certified by the Secretary to implement the Unified Program in a speci- 
fied jurisdiction, pursuant to Health and Safety Code chapter 6.11. 

(c) Data Collection. For the purposes of this division, terms related to 
the Unified Program informafion have the following meaning: 

(1) Data elements are the information components required by appli- 
cable statutes or regulations. 

(2) Data transmission protocol means a standard for sharing electronic 
data. 

(3) Electronic reporung or sharing of data means transferring data or 
informafion using an electronic or magnetic media. 

(4) File format means how data is packaged in any mode. 

(5) Format means the order, arrangement, style, and organization of 
the data elements comprising the Unified Program Consolidated Form, 

(6) Media means the type of device used to share data from the source 
to a recipient. Examples include telecommunicafions transmissions, 
such as e-mail or direct computer-to-computer links and magnetic me- 
dia such as disks, diskettes, tapes, and CD ROM. 

(7) Mode means the method by which data is shared. Common modes 
include e-inail, diskette, tape, and CD ROM. Mode encompasses the file 
format and data transmission protocol. 

(8) Mulfi-media means more than one environmental surrounding 
(air, water, or soil). 

(d) Enforcement Actions. There are two types of Unified Program en- 
forcement acfions; 

(1) Formal Enforcement means a civil, criminal, or administrafive ac- 
tion that mandates compliance, imposes sanctions, and results in an en- 
forceable agreement or order. Enforceable agreement or order means the 
instrument creates an independent, affirmafive obligation to comply and 
imposes sanctions for the prior failure to comply. Sanctions include fines 



Page 402 



Register 2008, No. 12; 3-21-2008 



Title 27 



General Functions and Responsibilities 



S 15120 



and penalties as well as oilier tangible obligations, beyond returning to 
compliance, that are imposed upon the regulated business. 

(2) Informal Enforcement means a notification to the regulated busi- 
ness of non-compliance and establishes an action and a date by which 
that non-compliance is to be corrected. Examples include a letter or no- 
tice of violation. These actions do not impose sanctions. 

(e) Inspection Types. There are two types of Unified Program inspec- 
tions, which for reporting purposes are mutually exclusive: 

{ 1 ) Routine Inspection is a regularly scheduled inspection to evaluate 
compliance pursuant to one or more program elements. 

(2) Other Inspection includes, but is not limited to, regulatory field ac- 
tivity such as complaint investigations, enforcement follow-up, clo- 
sures, tank installation and/or removal oversight, tank cleaning, and re- 
lease investigations. It does not include routine inspections or field or site 
visits whose principal purposes are informational or educational, pollu- 
tion prevention education, verification of administrative information, or 
orientation of new owners or operators. "Other Inspection" also includes 
verification inspections for the administrative requirement of Health and 
Safety Code section 25270.5, subdivision (c), for owners and operators 
of aboveground storage tanks to prepare a spill prevention control and 
countermeasure plan. 

(0 Participating agency (PA) means a state or local agency that has a 
formal agreement with the CUPA to implement one or more a program 
elements as part of the Unified Program. 

(g) Program Element means one of the six sets of requirements listed 
in section 1510()(a) or any other requirements incorporated pursuant to 
Health and Safety Code chapter 6.1 1, section 25404.2(d). 

(h) Regulated Business means any of the following: 

( 1 ) "person" as defined in: 

(A) the Hazardous Waste Management Program, Health and Safety 
Code section 25118; 

(B) the California Hazardous Substances Tax Law, Revenue and Tax- 
ation Code part 22, division 2, section 43006; 

(C) the HMRRP program, title 19, section 2650; 

(D) the CalARP program. Health and Safety Code section 25532(m); 

(E) the UST program. Health and Safety Code section 2528 1(/); and 

(F) the AST program, Health and Safety Code section 25270.2(f). 

(2) "business" as defined in the HMRRP program. Health and Safety 
Code sections 25501(d) and 25501.4. 

(3) "facility" as defined in the UST program. Health and Safety Code 
section 2528 1 (f). 

(4) "tank facility" as defined in the AST program. Health and Safety 
Code section 25270.2(/). 

(5) "hazardous waste facility" as defined in the Hazardous Waste 
Management program. Health and Safety Code section 251 17.1. 

(6) "stationary source" as defined in the CalARP program, California 
Code of Regulations, title 19. section 2735. 3(uu). 

(i) Signed or signature for purposes of electronic submissions means 
any symbol, including a digital signature defined in Government Code 
section 1 6.5, executed or adopted by a party with present intention to au- 
thenticate a writing. 

(j) Surcharge means an element of the single fee assessed by the CUPA 
on each regulated business that covers the necessary and reasonable cost 
of the state agencies in carrying out their responsibilities pursuant to 
Health and Safety Code section 25404.5(b). 

(k) Unified Program Agency (UPA) is the Certified Unified Program 
Agency (CUPA) or participating agency (PA) that implements one or 
more Unified Program elements. 

(1) Unified Program Consolidated Form (UPCF) is a standardized set 
of forms to be used by CUPAs to collect Unified Program information 
from regulated businesses. The UPCF is a single, comprehensive format 
that consolidates business-to-CUPA reporting requirements within the 
Unified Program. 

(m) Unified Program Data Dictionary (data dictionary) defines data 
elements, data field size and type, and edit criteria for regulatory data that 
shall be collected and retained by a CUPA. It has the following sections: 



(1 ) Business Section: for information reported from businesses to CU- 
PAs. [Div. 3, subd. l,chs. 1-4] 

(2) CUPA Section: for CUPA-to-state reporting of CUPA activities 
or other information that shall be collected and retained by a CUPA and 
reported pursuant to section 15290. [Div. 3. subd. 1. ch. 5. Unified 
Agency Reporting] 

(n) Unified Program Facility Permit means those permits issued under 
the Unified Program. The permit may be a single permit or multiple per- 
mits in a single package which shall minimize duplicate information. It 
includes the underground storage tank permit, permii-by-rule. and any 
other permit or authorization requirements found under any local ordi- 
nance or requirement relating to the generation or handling of hazardous 
waste or materials. The Unified Program Facility Permit does not include 
the permitting requirements of a local ordinance that incorporates provi- 
sions of the Uniform Fire or Building Code. 

NOTE: Authority cited: Sections 25404(b), (c), (d) and (e). Health and Safety 
Code. Reference: Sections 25404(c) and (d), 25404.5(a) and 25532(k), Health and 
Safety Code; Section 43006, Revenue and Taxation Code; and the 1996 United 
Slates Environmental Protection Agency Enforcement Response Policy tor the 
Resource Conservation and Recovery Act. 

History 

1. New article 2 and section filed 1 1-14-94 as an emergency; operative 1 1-14-94 
(Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL 
by 3-20-95 or emergency language will be repealed by operation of law on (he 
following day. 

2. New iirticle 2 and section refiled 3-7-95 as an emergency; operative 3-7-95 
(Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL 
by 7-5-95 or emergency language will be repealed by operation of law on the 
following day. 

3. New article 2 and secfion refiled 7-7-95; operative 7-7-95 (Register 95, No. 
27). A Certificate of Compliance must be transmitted to OAL by 1 1-4-95 or 
emergency language will be repealed by operation of law on the following day. 

4. New article 2 and section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 
(Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL 
by 3-2-96 or emergency language will be repealed by operation ol law on the 
following day. 

5. Certificate of Compliance as to 1 1-14-94 order including amendment of sub- 
sections (a)(3)-(a)(7), (a)(9)-(a)(l 1) and repealer of subsection (a)( 12) trans- 
mitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5). 

6. Amendment of section and Note filed 1-8-99 as an emergency; operalive 
1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted 
to OAL by 5-10-99 or emergency language will be repealed by operation of law 
on the following day. 

7. Certificate of Compliance as to 1-8-99 order, including further amendments, 
transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20). 

8. Amendment of subsection (d)(6) and Note filed 3-5-2002; operative 3-5-2002 
(Register 2002, No. 10). 

9. Amendment of subsection (a) — Unified Program Data Directory, subsections 
(l)-(2), and subsection (a) — Unified Program Consolidated Form filed 
1 1-16-2004; operative 12-16-2004 (Register 2004, No. 47). 

10. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

11. Change without regulatory effect amending subsecfion (0 filed .V2I-2008 
pursuant to section 100, title 1, Cahfomia Code of Regulations (Register 2008, 
No. 12). 



Article 3. Application Process 

§ 15120. Certified Unified Program Agency Applicants. 

(a) Counties must apply. 

(b) Cities or other local agencies that qualify pursuant to Health and 
Safety Code section 25404.1(b)(2) may apply. 

(c) A city that incorporates after January 1, 1996. may apply for certifi- 
cation as a CUPA pursuant to Health and Safety Code section 
25404.1(b)(2)(B) and section 15130(b) of this title. Any request to the 
Secretary for approval to apply for certification shall be submitted within 
180 days of incorporation. 

(d) Two or more counties, cities or local agencies that propose to form 
a Joint Powers Agency (JPA) may apply on or before January 1 , 1996. 

(1 ) Cities or other local agencies that have formed or propose to form 
a JPA may apply if one of the following is true: 

(A) A maximum of two member agencies of the JPA have not implem- 
ented the HMRRP program or the UST program prior to December 3 1 , 



Page 403 



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§ 15130 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



1 99-'i, and at least one member agency has implemented the HMRRP pro- 
gram or the UST program prior to December 31 . 1995; or 

(B) The JPA has an agreement with the county to implement the Uni- 
fied Program in the JPA's jurisdiction; or 

(C) The county is a member agency of the JPA. 

(e) Each county shall and each city or local agency within the county 
that qualifies pursuant to Health and Safety Code section 25404. 1 (b)(2) 
and chooses to apply, shall apply for certification on or before January 
1, 1996. 

(f) An applicant agency shall apply to the Secretary according to the 
provisions of sections 15130, 15150, and 15160. 

(g) Applications shall be valid if they meet the requirements of this ar- 
ticle and one copy is mailed to: California Environmental Protection 
Agency. Unified Program Section, 1001 "F" Street, P.O. Box 2815. Sac- 
ramento, California 95812. 

NOTE: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. 
Reference: Section 25404.1(b). Health and Safety Code. 

History 

1 . New article 3 and section filed 11 -14-94 as an emergency; operative 1 1-14-94 
(Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL 
by 3-20-95 or emergency language will be repealed by operation of law on the 
following day. 

2. New article 3 and section refiled 3-7-95 as an emergency; operative 3-7-95 
(Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL 
by 7-5-95 or emergency language will be repealed by operation of law on the 
following day. 

3. New article 3 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 
27). A Certificate of Compliance must be transmitted to OAL by \ 1-4-95 or 
emergency language will be repealed by operation of law on the following day. 

4. New article 3 and section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 
(Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL 
by 3-2-96 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of compliance as to 11-14-94 order including new subsections 
(c)(l)-(c)(l)(iii) transmitted to OAL 12- 15-95 and filed 1-31-96 (Register96, 
No. 5). 

6. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

§ 15130. Application Notices. 

(a) A non-county agency, as defined in section 15120(c) and (d), that 
intends to apply for certification as a CUPA shall file with the Secretary 
and the county within which the city or other local agency is located, a 
letter that expresses the applicant's intent to apply. This "intent to apply" 
letter shall be valid if mailed to: California Environmental Protection 
Agency, Unified Program Section, 1001 "T' Street, P.O. Box 2815. Sac- 
ramento, California 95812. 

(b) Any request to the Secretary by a non-county agency for approval 
to apply for certification pursuant to Health and Safety Code section 
25404.1(b)(2)(B) shall be submitted in writing. 

(1) In its request, the applicant shall specify the date it received the 
county's agreement or the reasons for failing to enter into an agreement. 
Any relevant correspondence to or from the county shall be attached to 
the request. 

(2) The Secretary shall respond within 45 days of receiving the re- 
quest. 

NOTE: Authority cited: Sections 25204(b) and 25404.6(c), Health and Safety 
Code. Reference: Section 25404.1(b), Health and Safety Code. 

History 

1 . New section filed 1 1 -1 4-94 as an emergency ; operative 11-1 4-94 (Register 94. 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1-4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1 -1 4-94 order including amendment of subsec- 
tions (a)(1), (b)(1) and (d)-(g) transmitted to OAL 12-15-95 and filed 1-31-96 
(Register 96, No. 5). 



6. Amendment of section heading and .secfion filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

§ 15140. IVIust proposed participating agencies enter into 
final agreements with the applicant agency 
before the application is submitted? 
[Repealed] 

NOTE: Authority cited: Sections 25404(b) and 25404.6(c). Health and Safety 
Code. References: Section 25404.3(d), Health and Safety Code. 

History 

1. New section filed 1 1-1 4-94 as an emergency; operative 11 -14-94 (Register 94. 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95. No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1^4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1 -3-95 as an emergency; operative 1 1 -3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1 - 1 4-94 order including amendment of subsec- 
tion (a) and Note and new Figure 2 designator transmitted to OAL 12-15-95 
and filed 1-31-96 (Re2ister96, No. 5). 

6. Repealer filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15). 

7. Change without regulatory effect amending section heading filed 3-21-2008 
pursuant to section 100, title 1 . California Code of Regulafions (Register 2008, 
No. 12). 

§ 15150. Information Provided in an Application. 

(a) Identify which agency will be the point of contact within the 
CUPA. 

( 1 ) An applicant agency shall designate only one administrative body, 
such as an internal department or office within a county or city, within 
that jurisdiction as the point of contact for Unified Program implementa- 
tion. 

(2) The governing body of the applicant agency may designate itself 
as the point of contact by not specifying any other. 

(3) The applicant agency shall provide the name, address, phone num- 
ber, e-mail and facsimile number of the contact (use appendix A). 

(b) The application for certification as a CUPA shall be signed by at 
least one elected or appointed official who is authorized to represent the 
jurisdiction. 

(c) The application for certification shall include an Authorizations 
Section including a list and brief description of all ordinances and resolu- 
tions used in the Unified Program. 

(1) If overlapping authority will arise pursuant to certification under 
this division, the applicant agency shall include in the applicafion, a dis- 
cussion of how jurisdictional authority will be managed to ensure that 
health and safety are inaintained within the jurisdiction. 

(2) Copies of all UST ordinances required by Health and Safety Code 
chapter 6.7 must be provided. 

(d) The application for certification shall include an agreements sec- 
tion including copies of all agreements or draft agreements between the 
applicant agency and proposed PA's. 

(1 ) The agreements section shall include draft or final agreements be- 
tween the applicant agency and all proposed PA's. Final copies of all 
agreements must be submitted to the Secretary prior to certification. 

(A) If an applicant agency proposes that any agency other than itself 
implement any aspect of the single fee system, including the surcharge, 
the written agreement shall specify responsibilities of each agency. The 
written agreement shall: 

(i) Identify responsibility for absorbing funds lost on non-payment of 
fees. 

(ii) Idenfify under what condidons and authority fees will be waived. 

(B) Include procedures for removing a PA required pursuant to 
15180(e)(6). 

(C) CUPAs may satisfy information collection, retention, and man- 
agement requirement through agreements with PA' s that serve as the re- 
pository of the information. 



Page 404 



Register 2008, No. 12; 3-21-2008 



Title 27 



General Functions and Responsibilities 



H5150 



(e) The application lor certification shall be constructed in sections so 
as to meet the requirements and structure of appendix A, including the 
following: 

( 1 ) A cover sheet. Use appendix A and complete all appropriate infor- 
mation. 

(2) For a county applicant, documentation that cities within the county 
either intend or do not intend to apply to be a CUPA. Documentation may 
take the form of a listing ofall cities within the county with an indication 
of whether they intend to apply or not. 

(3) A description of the geographic scope of the proposed Unified Pro- 
gram in the jurisdiction. 

(4) The number of regulated businesses within the jurisdiction, for 
each program element. Use appendix B, table 1 to provide this informa- 
tion. 

(5) The organizational structure of the proposed Unified Program in 
the jurisdiction. 

(6) A Unified Program Implementation Plan that provides: 

(A) A description or implementation timeline that addresses all phases 
from startup through full operation. 

(B) Specific information required for the Secretary's evaluation of the 
application pursuant to section 15170. 

(C) For a transition from multiple billing statements and collection 
agencies within the Unified Program to a single billing statement and 
collection agency within the Unified Program, this shall: 

(i) Provide for a transition period no longer than five years; 

(ii) Provide for regulated businesses to receive a single billing state- 
ment annually that includes all recurring United Program activity fees; 

(iii) Provide for regulated businesses to remit Unified Program fees 
with a single payment; and 

(iv) Include provisions for instances of non-payment. 

(7) Adequate information to determine that the applicant agency and 
any proposed PA"s meet education, expertise and training requirements 
specified in sections 15260 and 15270. 

(A) Table 2 and table 4 may be used to provide this information. 

(B) If Table 2 and table 4 are not used, the information required in the 
tables must be provided in some form. 

(8) A certification that the administrative procedures of the proposed 
Unified Program will meet the requirements of section 15180. Use ap- 
pendix B. 

(9) A Unified Program Facility Permit Plan that meets the require- 
ments of section 1 5 1 90. 

( 1 0) An Inspection and Enforcement Program Plan that meets the re- 
quirements of section 15200. 

(11) A Fee Accountability Program in compliance with section 
25404.5(c) of the Health and Safety Code and with section 15210 of this 
title. 

( 1 2) A Single Fee System Implementation Plan that meets the require- 
ments of section 15210. 

(13) A budget and funding mechanism for the Unified Program that 
meets the requirements of section 15170(c), staff time allocations, and 
certification that adequate resources exist to carry out the Unified Pro- 
gram. Appendix B. table 3 may be used to provide information on staff 
time allocations. Appendix B will be used to certify adequate resources 
exist. 

(14) A description of how the CUPA will fulfill reporting require- 
ments and certification that it will meet requirements of article 6 below. 

( 15) A summary of program implementation history that shall include 
the following information. Appendix B, table 2 may be used to provide 
this information. 

(A) A list of the Unified Program elements that have been managed by 



the applicant agency and PA's for the past three years. This list shall in- 
clude voluntarily consolidated programs. 

(B) A summary of inspection and enforcement activities within the 
scope of the Unified Program, undertiiken within the past three years, in- 
cluding the types and numbers of inspections conducted and enforce- 
ment actions handled. 

( 16) A description of recordkeeping and costs accounting systems. 

( 1 7) A description of the applicant agency's compliance with the crite- 
ria identified in the California Code of Regulations, title 22, section 
66272.10 except subdivisions (b)(2) and (b)(3). 

(18) A description of any additional programs incorporated into the 
Unified Program. 

(19) An explanation of why the Secretary need not be concerned that 
certification of the applicant agency might lead to adverse impacts on the 
county. 

(20) A description of how certification of the proposed Unified Pro- 
gram will lead to less fragmentation between jurisdictions within the 
county. 

(0 The application for certification shall contain a Single Fee System 
Implementation Plan that provides for a transition from multiple billing 
statements and collection agencies within the Unified Program, to a 
single billing statement and collection agency within the Unified Pro- 
gram. 

(1) The applicant agency shall implement the Single Fee System Im- 
plementation Plan upon certification. 

(2) The applicant agency shall provide for public participation and re- 
view of the proposed Single Fee System Implementation Plan. 

(3) A CUPA that has partially implemented the single fee system but 
requires an extension of the transition period may petition the Secretary 
for an exception of the five-year limit. 

(A) The CUPA shall submit siich petition at least one year prior to ex- 
piration of the five-year limit. 

(B) The Secretary shall rule on such petitions within 1 80 days of re- 
ceipt of the request for extension. 

NOTE: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. 
Reference: Sections 25404.1(b), 25404.2, 25404.3(b), (c) and (d) and 25404.5, 
Health and Safety Code. 

History 

1 . New section filed 11-1 4-94 as an emergency; operative 1 1-14-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certiti- 
cate of Compliance must be transmitted to OAL by 1 1 -4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate ofcompiiance as to 1 1-14-94 order including amendment of subsec- 
tion (a)( 1 ). new subsection (a)(3), amendment of subsection (b), new subsection 
(c)(2), amendment of subsections (e)-(e)(2), (e)(4), (e)(6)(B), (e)(7)-(e)( 10), 
(e)( 12)and(e)(14)-(e)(16), repealer of subsection (e)( 16)(B)and subsection re- 
lettering, and amendment of subsections (e)( 1 8) and (e)(20) transmitted to OAL 
12-15-95 and filed 1-31-96 (Register 96, No. 5). 

6. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

7. Change without regulatory effect amending subsections (d)-(d)(l), (d)(1)(C), 
(e)(7)-(e)(7)(B), (e)(2)( 13), (e)( 1 5)(A) and (e)( 1 7) filed 3-2 1 -2008 pursuant to 
section 100, title 1 , California Code of Regulations (Register 2008, No. 12). 



Page 405 



Register 2(X)8, No. 12; 3-21 -2008 



§ 15160 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Article 4. Certification Process and 
Responsibilities 

§15160. Certification Process. 

Figure 3 



Certification Process 



Cal/EPA 

Receives 
Applications 



Start 180 
Day Clock, 



I 




ompleteness 
Review 




"^"NOD 



Substantive 
Review and 
Comments 



pJbl 



ilic ■ 
Hearings 



? 



NOIto 
Disapprove 



NOIto 
Approve 



NOIto 

Approve 



Appeal 

'It 



Letter of 
[■ertification 



V 



Disapprove 

No 
Certification 



(a) Completeness review. 

(1) Each application shall be reviewed to determine whether all re- 
quired information has been provided. Such review shall be finished 
within 90 days of receipt of the application. Within the 90-day period: 

(A) The Secretary shall send a notice of completeness to an applicant 
agency whose application has been determined to contain all necessary 
components; or 

(B) The Secretary shall return an incomplete application to the appli- 
cant agency. 

(i) The Secretary shall notify an applicant agency of an incomplete 
application by using a Notice of Deficiency (NOD). 

(ii) In the NOD, the Secretary shall specify those provisions of the 
application that are not sufficient and the date by which the additional in- 
formation is due. 

(b) State agency review and recommendation. 

(1) Applications that are found to be complete shall be reviewed pur- 
suant to Health and Safety Code section 25404.3(b). In determining 
whether an applicant agency should be certified, the Secretary shall con- 
sider comments from the following or their designee: 

Director of Department of Toxic Substances Control; 
Director of the Office of Emergency Services; 
State Fire Marshal; and 

Executive Officer and Chairperson of the State Water Resources 
Control Board. 

(2) Comments and recommendations to the Secretary shall be based 
on analysis of the application contents and consideration of the require- 
ments of this division. 

(c) F*ublic hearing. 

(J ) The Secretary shall hold a public hearing regarding the application 
for certification. 

(2) The Secretary may group public hearings for efficiency purposes. 

(3) The Secretary shall consider comments received as part of the pub- 
lic hearing in the determination of whether an applicant should be certi- 
fied. 

(d) The Notice of Intent (NOI). 



( 1 ) The Secretary shall complete the review process and issue an NOI 
within 1 80 days of receipt of the complete application for certification. 

(A) The Secretary shall issue an NOI to disapprove the applicafion for 
cerfification if the Secretary finds the applicant agency should not be cer- 
ufied. The NOI to disapprove shall identify those areas of the Unified 
Program that are deficient. 

(B) The Secretary shall issue an NOI to approve if the Secretary in- 
tends to approve an application for cerfificafion. 

(2) During periodic review of the Unified Program, or review of an 
amended applicafion. if the Secretary finds the Unified Program or the 
Unified Program implementation to be deficient, the Secretary shall issue 
an NOI to withdraw certificafion. The NOI shall identify those areas of 
the Unified Program that are deficient. 

(e) Final Decision. 

(1) The Secretary's final decision shall be issued in wrifing to the 
applicant agency within 30 days of issuing the NOI except as provided 
in secfion 15160(f). The certificafion shall include the date upon which 
the CUPA's authority shall commence. 

(2) For purposes of this division and the California Code of Regula- 
fions, fitle 22, division 4.5, "cerfificafion" of a CUPA shall consfitute 
"designafion" pursuant to Health and Safety Code secfion 25180, of the 
responsible agency implementing chapter 6.5 of the Health and Safety 
Code, pursuant to the California Code of Regulafions, fitle 22, section 
66272.10. 

(f) Certification Decision Appeal Process. 

( 1 ) Within 30 days of receipt of an NOI to disapprove certification, the 
applicant agency may respond to the reasons specified and correct the de- 
ficiencies in its application. 

(2) Within 30 days of receipt of an NOI to withdraw cerfificafion, the 
CUPA may respond to the reasons specified and correct the deficiencies 
in its Unified Program. 

(3) In addition to its rights pursuant to (1 ) above, the applicant agency 
may request a second public hearing, at which fime the Secretary shall 
hear the applicant agency's response to the reasons specified in the NOI 
to disapprove. 

(4) The appeal process shall be completed within 60 days of receipt of 
the appeal. 

(5) The Secretary's final decision on the certification decision appeal 
shall be issued in writing. 

NOTE: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. 
Reference: Sections 25404(d), 25404.3 and 254044(a), Health and Safety Code. 

History 

1. New article 4 and section filed 1 1-14-94 as an emergency; operative 11-14—94 
(Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL 
by 3-20-95 or emergency language will be repealed by operation of law on the 
following day. 

2. Editorial correction of History 1 (Register 95, No. 10). 

3. New article 4 and section refiled 3-7-95 as an emergency; operative 3-7-95 
(Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL 
by 7-5-95 or emergency language will be repealed by operation of law on the 
following day. 

4. New article 4 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 
27). A Certificate of Compliance must be transmitted to OAL by 11^4-95 or 
emergency language will be repealed by operation of law on the following day. 

5. New article 4 and section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 
(Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL 
by 3-2-96 or emergency language will be repealed by operation of law on the 
following day. 

6. Certificate of compliance as to 1 1-14-94 order including new Figure 3 designa- 
tor, amendment of subsections (a)(1)(A), (b)(]) and (c)(1), new subsections 
(c)(2)-(c)(3) and amendment of subsections (d)(1), (e)(l)-(e)(2) and (0(3) 
transnutted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5). 

7. Amendment of secfion heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

8. Change without regulatory effect amending subsections (b)(1) and (e)(2) filed 
3-21-2008 pursuant lo section 100, title 1, California Code of Regulations 
(Register 2008, No. 12). 

§ 1 51 70. Criteria the Secretary Will Use to Evaluate 
Applications. 

(a) The Secretary will evaluate applicafions based on the following: 



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General Functions and Responsibilities 



§ 15180 



{ 1 ) Adequacy of education, expertise, and training as required by sec- 
tions 1 5260 and 15270. 

(2) Adequacy of proposed resources including an analysis of: 

(A) The number and type of regulated businesses within the jurisdic- 
tion; 

(B) An estimate of the annual number of compliance and complaint 
inspections; 

(C) The time allocation requirements of local agency staff shall be 
computed on a full-time equivalent basis, not to exceed 1 776 work hours 
per year per person, for the following: 

(i) Inspections and the related travel, research, analysis of findings, 
and documentation; 

(ii) Inspection and enforcement activities including warnings, notices, 
meetings, hearings, legal proceedings, and documentation; 

(iii) Permit activities including application reviews, modifications and 
revisions, and facility evaluations; 

(iv) Training including field, meetings, seminars, workshops, courses 
and literature reviews; and 

(v) Management including day-to-day operation scheduling and su- 
pervision. 

(D) An estimate of required staff and supervisory personnel to manage 
the single fee system, surcharge and fee accountability system; 

(E) The number of support staff, both technical and non-technical, for 
all program elements; and 

(F) Description of contacts, working relationship with local prosecu- 
tion and law enforcement agencies (i.e., district attorneys, strike force 
memberships, etc.). 

(3) Proposed budget resources and funding mechanisms. The appli- 
cant agency shall include as part of the application, a summary of proj- 
ected annual funding and expenses for the entire local Unified Program. 
Adequacy of budget resources and funding mechanisms shall be calcu- 
lated as the ratio of funding to expenses, a value of one being the standard 
for most adequate. 

(4) Past performance of the applicant agency and its proposed PA's in 
implementing hazardous materials and hazardous waste management 
programs. 

(5) Record keeping and cost accounting systems proposed for the Uni- 
fied Program, including: 

(A) Elements required by the Secretary pursuant to Health and Safely 
Code section 25404(c); 

(B) A method for calculating program costs; 

(C) Permit fee structure; 

(D) Fee collection process; and 

(E) Data management. 

(6) Comphance with the criteria in California Code of Regulations, 
title 22. section 66272. 10. except for the requirement of paragraph (2) of 
subdivision (b) of that section related to countywide jurisdiction and 
paragraph (3) of subdivision (b) of that section related to hazardous waste 
facilities. 

(7) Additional programs, including but not limited to programs such 
as hazardous waste source reduction and pollution prevention programs, 
incorporated in the Unified Program. 

(8) Identified adverse impacts on the county. The Secretary will give 
particular consideration to written comments or comments received dur- 
ing the public hearing. 

(9) The Unified Program throughout the entire county in which the 
applicant agency is located will be less fragmented between jurisdic- 
tions, as compared to before January 1 , 1994, with regard to the adminis- 
tration of the provisions specified in Health and Safety Code section 
25404(c). The Secretary shall consider, but shall not be limited to, the fol- 
lowing measures of fragmentation. The applicant agency shall justify its 
certification with respect to these measures in the implementation plan 
required pursuant to California Code of Regulations, title 27, section 
15150(e)(6). 

(A) The number of agencies managing the six Unified Program ele- 
ments listed in Health and Safety Code section 25404(c) within the 



county prior to January 1, 1994. and the number of agencies managing 
those program elements as proposed by the applicant agency. 

(B) The number of agencies a regulated business had to work with for 
the Unified Program elements prior to January 1 . 1994. and the number 
of agencies a regulated business will have to work with as proposed by 
the applicant agency. 

(10) Countywide coordination and consistency. The Secretary shall 
consider, but not be limited to the following: 

(A) Agreements among the county, city, and local agency applicants 
indicating consistency with a countywide Unified Program. 

(11) The Secretary shall not certify an applicant agency that proposes 
to include PA's in the Unified Program, unless there is a finding that: 

(A) It meets the requirements of Health and Safety Code section 
25404.3(d)(1). 

(B) The proposed PA's have met the education, training and experi- 
ence requirements identified in sections 15260 and 15270, and have ade- 
quate resources to implement the program element(s) that the applicant 
agency has proposed it will take on. 

(C) All necessary agreements are in place, pursuant to Health and 
Safety Code section 25404.3(d)(3). 

(12) The requirements of sections 15160(b) and 1516()(c). 

(13) The implementation plan for the consolidation of permits, inspec- 
tions, enforcement, and fees. 

(14) Documentation of authority to implement program elements. 

(15) If the program will be fully operational no later than one year after 
certification. 

NOTE; Authority cited: Sections 25404(b), 25404.2(c), 25404.3(b) and 
25404.6(c), Health and Safety Code. Reference: Sections 25404.2(a) and (c) and 
23404.3(b), (c) and (d). Health and Safety Code. 

History 

1. New section filed 1 1-14-94 as an emergency; operative 1 1-14-94 (Register 94. 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1^4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 11-3-95 as an emergency; operative 1 1-3-95 (Register 95. 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1 - 1 4-94 order including amendment of subsec- 
tions (b), (b)(2), (c), (g), (h), (j)( 1 ), (k)-(k)(2) and (/)( 1 )-(/)( 3), new subsection 
(m) and subsection relettering, amendment of newly designated subsection 
(n)(2) and repealer of newly designated subsection (n)(4) and subsection re- 
numbering transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96. No. 
5). 

6. Amendment of section heading and section filed 4-L3-2007; operative 
5-13-2007 (Register 2007, No. 15). 

7. Change without regulatory effect amending subsections (a)(2)(F), (a)(4), 
(a)(6)-(7), (a)(10)-(Il) and (a)(ll)(B) filed 3-21-2008 pursuant to section 
100, title 1, California Code of Regulafions (Register 2008. No. 12). 



Part II. Operations 



Article 5. 



Implementation and Maintenance 
of the Unified Program 



§ 1 51 80. Maintenance of Certification and Administration. 

(a) A CUPA shall implement the Unified Program consistent with the 
implementation plan submitted in compliance with section 15150(e)(6) 
and these regulations. 

(b) A CUPA shall maintain certification through the administration of 
the Unified Program in compliance with these regulations. 

(c) Any agency designated by the Secretary as the CUPA pursuant to 
Health and Safety Code section 25404.3(f)(2) must comply with the re- 
quirements in these regulations. 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(d) Any local agency authorized to continue its role, responsibilities, 
and authority pursuant to Health and Safety Code sections 25404. 3(tX2) 
or 25533(1") shall comply with the requirements in the regulations placed 
on CUPAs with the exception of articles 3, 4, and 7, sections 15210, 
15220, 15240, 15250, and 15260. 

(e) The CUPA shall establish and implement the following Unified 
Program administrative procedures. 

(1) Public participation procedures that: 

(A) Ensure receipt and consideration of comments from regulated 
businesses and the public. 

(B) Coordinate, consolidate, and make consistent locally required 
public hearings related to any Unified Program element. 

(C) Coordinate, consolidate, and make consistent public notices for 
activities related to any Unified Program element. 

(2) Records maintenance procedures that include: 

(A) Identification of the records maintained. 

(B) Minimum retention times. 

(C) Archive procedures. 

(D) Proper disposal methods. 

(3) Procedures for responding to requests for information from the 
public, from government agencies with a legal right to access the infor- 
mation, or from emergency responders, including methods to prevent the 
release of confidential and trade secret information. 

(4) Procedures for forwarding the HMRRP information in accordance 
with Health and Safety Code sections 25503.5(d) and 25509.2(a)(3). 

(5) Financial management procedures that include: 

(A) A single fee system in compliance with section 15210; 

(B) A fee accountability program in compliance with section 15220; 
and 

(C) A surcharge collection and reimbursement program in compliance 
with section 15250. 

(6) Procedures for the withdrawal of a PA that include: 

(A) Providing notice; 

(B) Stating causes; 

(C) Taking public comment; 

(D) Making appeals; and 

(E) Resolving disputes. 

NOTE: Authority cited: Sections 25404(b) and (e) and 25404.6, Health and Safety 
Code. Reference: Sections 25103, 25404.2(a) and (c), 25404.3(d), 25404.4(a)(1), 
25404.5, 25500, 25506, 25509.2(a)(3) and 25534.5, Health and Safety Code; and 
Section 6253 et seq.. Government Code. 

History 

1 . New article 5 and section filed 1 1-14-94 as an emergency; operative 1 1-14-94 
(Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL 
by 3-20-95 or emergency language will be repealed by operation of law on the 
following day. 

2. New article 5 and section refiled 3-7-95 as an emergency; operative 3-7-95 
(Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL 
by 7-5-95 or emergency language will be repealed by operation of law on the 
following day. 

3. New article 5 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 
27). A Certificate of Compliance must be transmitted to OAL by 1 1-4-95 or 
emergency language will be repealed by operation of law on the following day. 

4. New article 5 and section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 
(Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL 
by 3-2-96 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 1 1-14-94 order including amendment of sub- 
sections (a), (a)(1)(A), repealer of subsecfion (a)(2)(A)(iv) and subsection re- 
numbering, amendment of subsection (a)(2)(B), repealer of subsection 
(a)(2)(D) and subsection relettering, amendment of newly redesignated subsec- 
tions (a)(2)(E)-(a)(2)(F), new subsections (a)(2)(G)-(a)(2)(H), amendment of 
subsection (a)(3)(A)(i), repealer of subsection (a)(3)(A)(ii)-(a)(3)(A)(iii) and 
subsection renumbering, redesignation and amendment of part of subsection 
(a)(7) as new (a)(7)(A) and new (a)(7)(B), and amendment of subsections 
(aX8)(B), (a)(9) and (a)(10) transmitted to OAL 12-15-95 and filed 1-31-96 
(Register 96, No. 5). 

6. Amendment of subsections (a)(2)(E)-(G) and Note filed 1 2-20-96 as an emer- 
gency; operative 1 2-20-96 (Register 96, No. 51 ). A Certificate of Compliance 
must be transmitted to OAL by 4-21-97 or emergency language will be re- 
pealed by operation of law on the following day. 

7. Amendment of subsecfions (a)(2)(E)-(G) and Note refiled 4-1 1 -97 as an emer- 
gency; operative 4-11-97 (Register 97, No. 15). A Certificate of Compliance 



must be transmitted to OAL by 8-11-97 or emergency language will be re- 
pealed by operation of law on the following day. 

8. Amendment of subsections (a)(2)(E)-(G) and Note refiled 7-30-97 as an emer- 
gency: operative 7-30-97 (Register 97, No. 31). A Certificate of Compliance 
must be transmitted to OAL by 12-1-97 or emergency language will be re- 
pealed by operation of law on the following day. 

9. Amendment of subsections (a)(2)(E)-(G) and Note refiled 1 2-2-97 as an emer- 
gency: operative 12-2-97 (Register 97, No. 49). A Certificate of Compliance 
must be transmitted to OAL by 4-1-98 or emergency language will be repealed 
by operation of law on the following day. 

1 0. Reinstatement of section as it existed prior to 1 2-2-97 emergency amendment 
by operation of Government Code section 1 1346. 1(f) (Register 98, No. 14). 

1 1 . Amendment of subsections (a)(2)(E)-(G) and Note filed 3-3 1 -98 as an emer- 
gency: operative 3-31-98 (Register 98, No. 14). A Certificate of Compliance 
must be transmitted to OAL by 7-29-98 or emergency language will be re- 
pealed by operation of law on the following day. 

12. Amendment of subsections (a)(2)(E)-(G) and NoTi- refiled 7-30-98 as an 
emergency; operative 7-30-98 (Register 98, No. 31). A Certificate of Com- 
pliance must be transmitted to OAL by 1 1-27-98 or emergency language will 
be repealed by operation of law on the following day. 

13. New part II heading and amendment of section and Note filed 1-8-99 as an 
emergency: operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance 
must be transmitted to OAL by 5-10-99 or emergency language will be re- 
pealed by operation of law on the following day. 

14. Certificate of Compliance as to 1-8-99 order, including further amendments, 
transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20). 

15. Amendment of section heading and section filed 4-13-2007; operafive 
5-13-2007 (Register 2007. No. 15). 

§ 15185. Information Collection, Retention, and 
Management. 

(a) CUPAs shall collect, retain, and manage information needed to im- 
plement the Unified Program, including but not limited to these regula- 
tions and all information defined in the Unified Program data dictionary. 

(b) The data dictionary is contained in division 3, Electronic Submittal 
of Information. It defines data elements, data field size and type, and edit 
criteria for regulatory data that shall be collected, retained, and managed 
by a CUPA. It consists of the following sections: 

(1) Division 3, Electronic Submittal of Information, includes data ele- 
ments reported by a regulated business to a UPA; and 

(2) Division 3, Electronic Submittal of Information, includes data ele- 
ments a CUPA reports to the state. 

(c) A CUPA shall retain the following information for a minimum of 
five years: 

(1) Copies of self-audits, inspection reports, enforcement files, and 
UPCFs. 

(2) All records related to hazardous waste enforcement actions from 
the date the enforcement action is resolved. 

(3) Detailed records used to produce the summary reports submitted 
to the state. 

(4) Surcharge billing and collection records following closure of any 
billing period, or until completion of any audit process, whichever is 
longer. 

(d) Electronic reporting is optional and the CUPA is not required to 
store or maintain the data in the Unified Program data dictionary format. 
The data dictionary data structures and formats must be used for electron- 
ic reporting by businesses to a CUPA pursuant to this section or by a 
CUPA to the state pursuant to this section and 15290. 

(e) Within three months of the Secretary's approval of the electronic 
data transmission protocol developed pursuant to Public Resources Code 
division 34, chapter 3, section 71060 et seq., data management, a CUPA 
shall accept data from businesses in the approved electronic data trans- 
mission protocol, if the CUPA agrees to accept information electronical- 
ly- 

(f) The CUPA may permit a regulated business to meet its information 
reporting requirements electronically. In such case, the format and mode 
of the submission shall be specified by the CUPA and shall be consistent 
with the data standards adopted in articles 5 through 10 inclusive. 

(g) If a CUPA accepts any information electronically, the CUPA shall 
accept all submissions that contain the data elements with the field length 
and type and in the order specified in the data dictionary. A CUPA may. 



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Title 27 



General Functions and Responsibilities 



§ 15187.1 



on a case-by-case basis, agree to accept information that does not meet 
the data dictionary standard. 

(h ) The CUPA may establish local standards for the collection of local- 
ly required supplemental information in addition to standards specified 
in the Unified Program data dictionary. 

(i) CUPAs shall collect, retain, and manage any additional information 
required by stale or federal law. 

NOTE: Authority cited: Sections 2.S404(b), (c), (d) and (e) and 25404.6(c). Health 
and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25201, 
25201.4.1, 25201.5, 25201.13, 2.5201.14. 25281.2, 25218.9, 25286. 25287, 
25503.5. 25505, 25506 and 25509. Health and Safety Code. 

Hi. STORY 
l.New section filed 1-8-99 as an emergency: operative 1-8-99 (Register 99, No. 

2). A Certitlcale of Compliance must be transmitted to OAL by 5-10-99 or 

emergency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99. No. 20). 

3. Amendment of sub.sections (a), (b)(2) and (e) filed 11-16-2004; operative 
12-16-2004 (Register 2004, No. 47). 

4. Amendment of section heading and section filed 4-13-2007; operative 
.5-13-2007 (Register 2007. No. 15). 

5. Change without regulatory effect amending subsections (b)-(b)(l) filed 
.3-21-2008 pursuant to section 100, title 1. California Code of Regulations 
(Register 2008, No. 12). 

§ 15186. Unified Program Consolidated Form (UPCF). 

(a) The UPCF shall be used by the UPAs to collect information from 
regulated businesses. 

(b) The UPCF consists of the following: 

(1) Business Activities Page; 

(2) Business Owner/Operator Identification; 

(.3) Hazardous Materials Inventory-Chemical Description; 

(4) UST Operating Permit Application Facility Information; 

(5) UST Operating Permit Application Tank Information; 

(6) UST Certification of InstalJation/Modification; 

(7) UST Monitoring Plan; 

(8) Recyclable Materials Report; 

(9) Onsite Hazardous Waste Treatment Notification-Facility; 

(10) Onsite Hazardous Waste Treatment Notification-Unit; 

(11) Certification of Financial Assurance for Permit by Rule and 
Conditionally Authorized Operations; 

(12) Remote Waste Consolidation Site Annual Notification; 

(13) Hazardous Waste Tank Closure Certification; and 

(14) Household Hazardous Waste Information (reserved). 

(c) The UPCF may be reproduced or electronically duplicated as need- 
ed. 

td) Different parts of the UPCF, the alternative version, or a computer- 
generated facsimile may be submitted separately. Each submission shall 
be accompanied by the Business Owner/Operator Identification page 
and shall be signed. The Business Activities page shall also be resub- 
mitted whenever any information reported on it changes. 
NOTE: Authority cited: Sections 25404(b). (c), (d) and (e) and 25404.6(c), Health 
and Safety Code. Reference: .Sections 25503.3 and 25505, Health and Safety 
Code. 

History 

1. New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or 
emergency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99. No. 20). 

3. Repealer and new section filed 4-1.3-2007; operative 5-13-2007 (Register 
2007, No. 15). 

4. Change without regulatory effect amending subsections (b)(4)-(6), adding sub- 
section (b)(7) and relettering subsections filed .3-21-2008 pursuant to section 
100, title 1 , California Code of Regulations (Register 2008, No. 12). 

§ 1 51 87. Unified Program Consolidated Form — CUPA 
Responsibilities. 

(a) The CUPA shall distribute copies of the UPCF, or an alternative 
version, to any regulated business or member of the public upon request. 

(b) Each CUPA shall provide instructions to the regulated businesses 
when distributing the UPCF and any alternative versions. 



(c) The CUPA shall accept the UPCF as shown in division 3. Electron- 
ic Submittal of Information, froin any regulated business that chooses to 
use it, even if the CUPA adopts one or more alternative versions of the 
UPCF. 

(d) A CUPA may add the name of the CUPA, a logo, an address, phone 
number, and other identifying information to the UPCF title or fooler on 
one or more pages, without the customized UPCF being considered an 
alternative version subject to the conditions adopted by ihis section. 

(e) A CUPA may create allernative versions of the UPCF for local pur- 
poses such as streamlining for small businesses or addressing a specific 
type of industry. Any alternative version of the UPCF shall: 

( 1 ) Collect all of the inforinalion found on the UPCF that applies to the 
regulated businesses using the data element definitions established by the 
data dictionary; 

(2) Be consistent with the data standards adopted throughout articles 
5 through 1 of these regulations; 

(3) Use the same section order as shown in section 1 5 1 86(b); 

(4) Be developed in consultation with all other agencies within the 
CUPA's jurisdiction that are responsible for fire protection, einergency 
response, and environmental health; 

(5) Not duplicate data elements between sections of the UPCF other 
than facility ID number and facility name; 

(A) Duplicate information between different forms is allowed only if 
it is necessary to provide for form tracking. 

(6) Comply with all applicable federal and state laws; and 

(7) Include a written disclaimer statement on a cover page or the front 
page, printed using a font larger than or equal to eight points for readabil- 
ity: "This form was developed by the CUPA as an alternative version of 
the UPCF. Businesses have the option to u.se the UPCF adopted in state 
regulations. The CUPA may require businesses to provide additional in- 
formation." 

(0 CUPAs shall collect additional local information on either supple- 
mental pages or within the UPCF in the boxes provided on the Business 
Owner/Operator Identification page and the Hazardous Materials Inven- 
tory-Chemical Description page. 

(g) CUPAs that have created one or more alternative versions of the 
UPCF may add supplemental requests for information within the alterna- 
tive version, to the extent space is available. 

(h) CUPAs are prohibited from requesting duplicative information in 
a different format if the information is part of the data dictionary, the 
UPCF, or that CUPA's alternafive version of the UPCF. 

(i) The CUPA shall determine if business-generated facsimiles com- 
ply with the requirements of subdivision (b). The CUPA may also allow 
businesses to submit facsimiles of their alternative versions of the UPCF. 

NOTE; Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health 
and Safety Code. Reference: Sections 25503(a), 25503.5(a) and (b), 25505 and 
25509, Health and Safety Code. 

History 

1 . New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by .5-10-99 or 
emergency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

3. Repealer and new section filed 4—1.3-2007; operative 5-1.3-2007 (Register 
2007, No. 15). 

4. Change without regulatory effect amending subsections (c) and (e)(3) filed 
3-21-2008 pursuant to section 100, title 1, California Code of Regulations 
(Register 2008, No. 12). 

§ 1 51 87.1 . What are the requirements for use of electronic 
signatures with electronic submittals of Unified 
Program information? [Repealed] 

NOTE: Authority cited: Section 25404(e), Health & Safety Code, Sections 71061 
and 71066, Public Resources Code; and Section 16.5(c), Government Code. Ref- 
erences: Sections 71060 et seq.. Public Resources Code, Section 16.5. Govern- 
ment Code, ABA, Section of Science and Technology, Dif>ital Sif>naturc Guide- 
lines, Legal Infrastructure for Certification Authorities and Secure Electronic 
Commerce, August 1. 1996, Sections 2B-1 13, 2B-1 15, 2B-1 18 of the Proposed 
Uniform Commercial Code, Section 250 of the California Evidence Code, and 
Section 1001(a) of the Federal Rules of Evidence. 



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§ 15188 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



History 

1. New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or 
emergency language will be repealed by operation of law on the following day. 

2. Ceilificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5- 1 4-99 (Register 99, No. 20). 

3. Renumbering of former section ].'i]87.1 to new section 15189 filed 4-1 3-2007; 
operative .5-13-2007 (Register 2007, No. 15). 

4. Change without regulatory effect amending section heading filed 3-21-2008 
pursuant to section 100, title 1, California Code of Regulations (Register 2008, 

No. 12). 

§ 15188. Unified Program Consolidated Form — Business 
Responsibilities. 

(a) Regulated businesses are required to meet the reporting require- 
ments of any applicable Unified Program element. 

(b) Regulated businesses shall report required elements that are appli- 
cable to their business to the CUPA by submitting the sections of the 
UPCF, a business generated facsimile, or an alternative version devel- 
oped by their CUPA. 

(c) A copy of the Business Activities page and Business Owner/Opera- 
tor page shall be submitted with every submission of pages of the UPCF. 

(d) A regulated business may report information collected on the 
UPCF or on an alternative version electronically, if the CUPA aggress to 
accept it electronically. In addition: 

( 1 ) Upon agreement by the CUPA, the business may submit data in ei- 
ther the ASCII flat file formal, ANSI XI 2, or an alternative file format. 

(2) The business shall submit data in the mode specified by the CUPA. 

(e) Regulated businesses may satisfy their reporting requirement by 
submitting computer-generated facsimile forms. A facsimile of the 
UPCF shall meet the following specifications: 

( 1 ) It shall contain all the information required on the UPCF and de- 
fined by the data dictionary for those regulated businesses. It shall use the 
same section format and present the required information in the order and 
general sequencing on the page as shown on the UPCF. The facsimile 
form shall be printed on 81/2- by 11-inch paper in 'portrait' format. It 
shall retain all labels and identifiers for the UPCF sections, pages, and 
subdivisions. Current page breaks shall be maintained, although a page 
for supplemental local information may be added between UPCF page 
breaks. 

(2) It is not required to be an exact copy or to use identical fonts, box- 
ing, shading, or other graphic design elements of the UPCF. 

(3) The CUPA shall determine if business-generated facsimiles com- 
ply with the requirements of subdivision (e). The CUPA may also allow 
businesses to submit facsimiles of their alternative versions of the UPCF. 

(f) To the extent not prohibited by law. the CUPA may assist busi- 
nesses to revise their information by providing copies of completed re- 
ports based on previous submittals. These reports shall be in the general 
format of the UPCF or the alternative version. A business that revises, 
certifies, and returns this report to the CUPA satisfies the requirements 
to complete the appropriate sections of the UPCF. Regulated businesses 
are not required to use these CUPA generated reports and have the option 
to submit updated information using the UPCF or a facsimile. 

(g) Regulated business shall comply with the established dates or 
events that trigger the requirements for businesses to submit information 
required as part of the Unified Program and submit the appropriate sec- 
tions of the UPCF, the alternative version, or a computer-generated fac- 
simile. A CUPA may establish other specific dates for submission of in- 
formation consistent with state and federal law. 

(h) Other documents may also be required by federal and state statutes 
and regulations or by local ordinance. 

Note. Authority cited; Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health 
and Safety Code. Reference: Sections 25503.5 and 25505, Health and Safety 
Code. 

History 

1 . New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or 
emergency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 



3. Repealer and new section filed 4-13-2007; operative 5-13-2007 (Register 
2007. No. 15). 

§ 15189. Digital Signatures. 

(a) If a business submits regulatory information specified in the data 
dictionary electronically, a digital signature inay be used in lieu of a 
manual signature to identify the party submitting the data, subject to 
agreement with the party to receive the data and provided that the method 
used is not precluded by state or federal law. 

(b) For the purposes of the UPCF and data dictionary, both the UPCF 
and data submitted per the requirements of the data dictionary constitute 
a writing. 

(c) A digital signature may not be denied legal effect, validity, or en- 
forceability solely on the ground that it is electronic. 

(d) A digital signature, message, or record, is attributable to a person 
if: 

( 1 ) It was the action of that person, that person authorized the action, 
or that person's agent took the action; or 

(2) The party in receipt of the digital signature, message, or record, 
concluded in good faith that it met any of the criteria in (d)( I ) above. 
Note: Authority cited: Section 25404(e), Health and Safety Code; Secfions 
71061 and 71066, Public Resources Code; and Section 16.5(c), Government 
Code. References: Sections 71060 et seq.. Public Resources Code; Secdon 16.5, 
Government Code; ABA. Section of Science and Technology, Digital Signature 
Guidelines. Lesal Infrastructure for Certification Authorities and Secure Electron- 
ic ComjTierce, August 1, 1996, Sections 2B-1 13, 28-1 15, 28-1 18 of the Pro- 
posed Uniform Commercial Code; Section 250, Evidence Code; and Section 
1001(a) of the Federal Rules of Evidence. 

History 

]. Renumbering of former secfion 15187.1 to new section 15189, including 
amendment of section heading and section, filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

§15190. Permitting. 

(a) The UPA shall issue a Unified Program facility permit in accor- 
dance with these regulations. 

(b) The CUPA shall consolidate the permits issued under the Unified 
Program utilizing the Unified Program facility permit. 

(c) The CUPA shall provide for a single point of local contact for per- 
mit applicants. The program shall provide for a coordinated and consoli- 
dated permit process that provides regulated businesses a single point of 
local contact for obtaining information on, the requirements for, and the 
application process for the Unified Program facility permit. 

(d) The UPA shall provide a Unified Program facility permit applica- 
tion package for the specific requirements of regulated businesses. 

( 1 ) The permit application may be presented as a single form, designed 
to transmit multi-program information, or it may be multiple forms ar- 
ranged into a single package. 

(2) The CUPA shall utilize the applicable sections of the UPCF and, 
if necessary, additional information to collect the required information 
for a permit application. 

(e) The CUPA, in cooperation with the PA's, shall ensure timely deci- 
sions regarding Unified Program facility permits, including: 

( 1 ) Time lines and time limits of appeal processes; 

(2) Provisions for preliminary check for application completeness; 

(3) Provisions for technical review of permit applications by the re- 
sponsible agency; 

(4) A procedure for tracking permit applications, establishing follow- 
up protocol, and facilitating expeditious processing, when necessary. 

(f) The CUPA shall identify and utilize efficient methods of transmit- 
ting the permit. 

(g) The CUPA shall establish a permit cycle. 

(h) The CUPA shall evaluate the coordination, consolidation and con- 
sistency of the Unified Program facility permit process. 

( 1 ) Information obtained through the permit evaluation process shall 
be considered and used in modifying the Unified Program facility permit 
when appropriate. 

(i) The Unified Program facility permit shall include: 

(1) The applicable program element(s) and authorizafions that make 
up the Unified Program facility permit; 



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Title 27 



General Functions and Responsibilities 



§ 15200 



(2) The agency responsible for issuing the Unified Program facility 
permit; 

(3) The permitted facility by business name and address; 

(4) The permit issuance date; 

(5) The permit expiration date; and 

(6) An addendum used to document permit conditions for each appli- 
cable element of the Unified Program. 

(j) The CUPA shall address any coordination, consolidation, or con- 
sistency issues not specifically addressed above. 

(k) If required, the CUPA shall use the Consolidated Contingency Plan 
format pursuant to Health and Safely Code section 25503.4 and Govern- 
ment Code section 8670.36.5 et seq. 

( 1 ) The Consolidated Contingency Plan format developed by the 
CUPA shall be substantially equivalent to the format developed by OES 
pursuant to Health and Safety Code section 25503.4, when that format 
has been adopted. 

(2) The CUPA shall accept plans submitted by businesses in the Con- 
solidated Contingency Plan format adopted by OES pursuant to Health 
and Safety Code section 25503.4. 

NOTE: Authoriiy cited: Sections 25404 and 25404.6(c), Health and Safety Code. 
Reference: Sections 25404.2(a)( 1 ) and (2), 25299.6 and 25503.4, Health and Safe- 
ty Code; and Section 8670.36.5, Government Code. 

History 

1 . New .section filed 1 1-14-94 as an eniergency;operative 1 1-1 4-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95: operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1—4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operafive 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of Compliance as to 1 1-14-94 order including amendments to sub- 
sections (b)(1), (B)(2)(A), (b)(3), new subsections (b)(3)(A)-(C), repealer of 
subsection (b)(4)(A), amendment of subsection (b)(5)(A), new subsection 
(b)(5)(C), amendment of subsection (c)(2), and repealer of subsecfion (c)(7) 
transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5). 

6. New subsection (b)(3)(D), amendment of subsecfions (b)(5) and (b)(5)(A), re- 
pealer of subsection (b)(5)(B), subsection relettering, and amendment of newly 
designated subsection (b)(5)(B) filed 1-8-99 as an emergency; operative 
1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted 
to OAL by 5-1 0-99 or emergency language will be repealed by operation of law 
on the following day, 

7. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

8. Amendment of section headina and section filed 4-13-2007; operative 
.S-13-2007 (Register 2007, No. 15). 

9. Change without regulatory effect amending subsection (e) filed 3-2 1-2008 pur- 
suant to section 1 00, title 1 , California Code of Regulations (Register 2008, No. 
12). 



§ 15200. Inspection and Enforcement. 

(a) The CUPA shall develop a written plan to implement an inspection 
and enforcement program. The plan shall be developed and implemented 
in cooperation with all PA"s of the jurisdiction. The plan shall include: 

( 1 ) Provisions for administering all program elements. 

(2) The following types of inspections shall be conducted according 
to the standards contained in statute and regulation: 

(A) Hazardous waste generator inspections [refer to Health & Saf. 
Code, §§ 25150, 25159; Cal. Code Regs., tiL 22, div. 4.5, ch. 12]; 

(B) Inspection of onsite hazardous waste treatment activities underthe 
CE, CA, and PBR tiers of Tiered Permitting [refer to Health & Saf. Code. 
§§ 25200.3, 25201.5; Cal. Code Regs., tit. 22, div. 4.5, ch. 45]; 

(C) UST Program inspections [refer to Health & Saf. Code, § 25288; 
Cal. Code Regs., tiL 23, div. 3. ch. 16, § 2712 et seq.]; 

(D) HMRRP Program inspections [refer to Health & Saf. Code, 
§ 25500 et seq.]; 



(E) CalARP Program inspections [refer to Health & Saf. Code, 
§ 25533 et seq.]; and 

(F) Other inspections that may be consolidated pursuant to Health and 
Safety Code section 25404.2(a)(4). 

(3) A schedule of the inspection frequencies to be conducted that shall, 
at a minimum, meet the inspection frequencies mandated in statutes, as 
shown in figure 1 . 

(A) If there is no mandated inspection frequency, inspection frequen- 
cy scheduling shall consider the following: local zoning requirements, 
population density, local ground water conditions, identified hazards of 
a type of business, quantity and types of hazardous materials, emergency 
response capability, compliance history, and any other pertinent local is- 
sues. 



Figure 1 - MANDATED INSPFXTION FREQUENCIES 


Program Element 


Inspection 
Frequency 


Statutory 
Reference 


Hazardous Waste 
Generator Program 


No mandated 
frequency 




Hazardous Waste 
Treatment Activities - 
PBR, CA and CE 


At least once 
every three years 


Health and Safety 

Code section 

25201.4(b) 


UST Program 


Annually 


Health and Safety 

Code section 

25288(a) 


HMRRP and 
Inventories Program 


At least once 
every three years 


Health and Safety 

Code section 

25508(b) 


CalARP Program 


At least once 
every three years 


Health and Safety 
Code section 

2.5537 



(4) Coordination of inspection efforts between theCUPA and its PA"s. 

(5) Enforcement notification procedures that ensure: 

(A) Appropriate confidentiality; and 

(B) Coordination and timely notification of appropriate prosecuting 
agency(ies). 

(6) Identification of all available enforcement options. 

(7) Uniform and coordinated application of enforcement standards. 

(8) Identification of penalties and enforcement actions that are consis- 
tent and predictable for similar violations and no less stringent than state 
statute and regulations. 

(9) A graduated series of enforcement actions that may be taken by the 
UPAs. based on the severity of the violation. 

(10) Provisions for multi-media enforcement. 

( 1 1 ) A description of how the CUPA minimizes or eliminates duplica- 
tion, inconsistencies, and lack of coordination within the inspection and 
enforcement program. 

(12) Provisions for coordinating enforcement efforts between the 
CUPA and its PA's. 

(b) The Inspection and Enforcement Program Plan shall at a minimum 
be reviewed annually by the CU PA. 

(1) The CUPA shall consult with and reach consensus with the PA 
prior to any changes that affect program elements for which the PA is re- 
sponsible. 

(2) The CUPA shall update the plan as necessary. 



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§ 15210 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(c) The CUPA shall participate in a multi-media enforcement ap- 
proach to the unified inspection and enforcement program in order to 
promote the effective detection, abatement and deterrence of violations 
affecting more than one environmental medium or regulatory scheme. 

Id) In addition to the mandatory elements of Health and Safety Code 
division 20. chapter 6..^, the CUPA may integrate optional waste reduc- 
tion and pollution prevention programs into the unified inspection and 
enforcement program. 

(e) CUPAs are responsible for initiating enforcement actions when ap- 
propriate, but may also refer enforcement cases to the appropriate state 
or federal agency for their consideration. 

(1") These regulations shall not limit the authority of any state agency 
to investigate alleged violations of state law. These regulations shall not 
limit appropriate state agencies from taking any other actions that are 
mandated, allowed, or authorized pursuant to state law. 
NOTE: Authority cited: Sections 2.'>404, 25404.2 and 25404.6(c), Health and Safe- 
ty Code; and Section 6254(f), Government Code. Reference: Sections 25404(c) 
and (d), 25404.2. 25404.2(a) and (c), 2.5404.4(b)(3), 25150. 25159, 25179.4, 
25200.3, 25201.5, 25288, 25500 and 25533, Health and Safety Code; and Section 
6254(t), Government Code. 

History 

1 . New section filed 11 -14-94 as an emergency; operative 1 1-1 4-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95. 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-.5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1-4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 11-.3-95 as an emergency; operative 11-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1-14-94 order including amendment of sub- 
section (b), repealer of subsection (b)(2)(A), amendment of subsection (b)(4). 
Figure 4 and subsections (f), (f)(1)(C), (f)(1)(F), new subsection (f)(1)(G), 
amendment of subsection (f)(2)(A)(i), redesignation of subsections 
(092)(A)(iii)-(iv) to subsections (f)(2)(B)-(C) and subsection relettering, 
amendment of newly designated subsections (f)(2)(B)-(F), (f)(3), (f)(3)(A), re- 
designation of (f)(4) as (f)(3)(B) and subsection relettering, and amendment of 
Note transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5). 

6. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

7. Change without regulatory effect amending subsections (a), (a)(2)(D), (a)(4), 
(a)(12) and (b)(1) filed 3-21-2008 pursuant to section 100, title 1, California 
Code of Regulations (Register 2008, No. 12). 



§ 1 521 0. Single Fee System. 

(a) Each CUPA shall implement a single fee system within its jurisdic- 
tion. The single fee system will do the following: 

(1) Consolidates all fees currently mandated in statute and regulation 
used for local implementation of the Unified Program. 

(2) Consolidates any other fees levied by a local agency specifically 
to fund their implementation of the programs specified in Health and 
Safety Code section 25404(c). 

(b) The single fee system may be used to charge fees for programs that 
are not listed as Unified Program elements in Health and Safety Code 
section 25404.5(c), if those programs are incorporated into the Unified 
Program. 

(c) The single fee system may reflect variations in cost to implement 
and maintain programs for different regulated businesses. 

(1) Fee schedules shall be based on factors associated with the cost of 
implementing and maintaining programs. 

(2) Fees may differ from one jurisdiction to the next, based on the nec- 
essary and reasonable costs to implement the Unified Program. 

(3) The fee schedule may be adjusted by the CUPA to reflect changes 
in reasonable and necessary costs. 

(d) Provided the single fee system meets the minimum requirements 
of the law, a CUPA or a PA has the authority to determine the level of 



service it will provide and to set its fees to fund the necessary and reason- 
able costs of its program. 

(e) Each PA shall nofify the CUPA of its program costs. 

(f) The CUPA shall ensure that all funds collected on behalf of the PA 
are forwarded to the PA. 

( 1 ) The CUPA shall pay the PA within 45 days of receiving fees desig- 
nated for the PA unless the PA and CUPA agree in writing to an alternate 
schedule. 

(g) Each billing statement shall itemize the fees by program element, 
if those fee elements are calculated separately. 

(h) Fees for non-recurring activities of the CUPA or PA such as. but 
not limited to, the fee for an initial permit or special inspection, may be 
billed separately from the single fee billing. 

(i) The governing body of the CUPA shall establish the fee schedule 
for businesses regulated under the Unified Program. The governing body 
of the CUPA shall utilize the fee schedules established by the PA"s and 
authorize the collection of those fees. 

(j) The CUPA or PA shall make fees schedules available to interested 
parties upon request. 

(k) The CUPA shall prepare and implement a plan to resolve fee dis- 
putes that arise between the CUPA and PA's, between a regulated busi- 
ness and either the PA or the CUPA, or between a regulated business and 
the state regarding the state surcharge. 

(1) The CUPA shall attempt to resolve disputes involving the sur- 
charge in the same manner used to resolve local fee disputes. Those dis- 
putes regarding the state surcharge that cannot be resolved locally may 
be referred to the Secretary for resolution. 

(A) Disputes referred to the Secretary shall be in writing and shall in- 
clude a recommendation for resolution. 

(/) The single fee system shall include mechanisms for the billing, 
collection, and transmittal of the state surcharge. 

( 1 ) The CUPA may show the state surcharge as a separate item or items 
within the single fee billing. 

NOTE: Authority cited: Sections 25404, 25404(b), 25404.5, 25404.5(b) and (c) 
and 25404.6(c). Health and Safety Code. Reference; Sections 25404.1(a)(1), 
25404.4 and 25404.5, Health and Safety Code. 

History 

1 . New section filed 1 1-14-94 as an emergency; operative 1 1-14-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operafive 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1-4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1-1 4-94 order including amendment of subsec- 
tions (a), (a)(1), (aX2)(B), (a)(3), (a)(4), (a)(5), new subsection (a)(7) and re- 
numbering of former subsection (a)(7) to (a)(8), repealer of former subsections 
(a)(8)-(a)(8)(B) and (a)(10), amendment of subsecfions (b) and (b)(1)(F), re- 
pealer of subsection (c)(l)-(c)(3)(D), new subsections (c)(l)-(2), redesigna- 
tion of subsections (c)(4)-(c)(4)(c) to (d)-(d)(3), and amendment of newly des- 
ignated subsecfions (d)(l)-(d)(2) transmitted to OAL 12-15-95 and filed 
1-31-96 (Register 96, No. 5). 

6. Amendment of section heading and section, including renumbering of former 
subsections (b)-(b)(2) to secfion 15220 filed 4-1 3-2007; operative 5-13-2007 
(Register 2007, No. 15). 

7. Change without regulatory effect amending subsecfions (d)-(f)(l) and (h)-(k) 
filed 3-21-2008 pursuant to secfion 100, title 1, California Code of Regulations 
(Register 2008, No. 12). 

§ 15220. Fee Accountability Program. 

(a) Each CUPA shall implement a fee accountability program de- 
signed to encourage efficient and cost-effective operation of the program 
for which the single fee and surcharge are assessed. 

( 1 ) The fee accountability program shall be instituted before the single 
fee system. The fee accountability program shall include at a minimum 
the following elements: 



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Title 27 



General Functions and Responsibilities 



§ 15240 



(A) Accounting for: the fee schedule, the actual amount billed, and the 
revenue collected. 

(B) Discreie billable services, categorized as either site specific or 
general. 

(C) Staff work hours required to implement the program. 

(D) Direct program expenses including durable and disposable equip- 
ment. 

(E) Indirect program expenses including overhead for facilities and 
administrative functions. 

(F) The number of regulated businesses in each program element with- 
in the jurisdiction. 

(G) Total number of regulated businesses in the jurisdiction. 

(H) Quantity and range of services provided, including frequency of 
inspection. 

(2) The CUPA and PA's shall annually review and update the fee ac- 
countability program. 

NOTL: Authority cited: Sections 25404. 25404(b), 25404.5. 25404.5(b) and (c) 
and 25404.6(c), Health and Safety Code. Reference: Sections 25404.1(a)(1), 
25404.4 and 25404.5, Health and Safely Code. 

History 

1. New section filed 1 1-1 4-94 as an emergency; operative 1 1-14— 94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1^-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1 -1 4-94 order including amendment of subsec- 
tions (a)(4), (b), and (b)(2) transmitted to OAL 12-15-95 and filed 1-31-96 
(Register 96, No. 5). 

6. Repealer of former section 15520 and renumbering and amendment of former 
subsections 15210(b)-(b)(2) to new section 15220Y]led 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

7. Change without regulatory effect amending subsection (a)(2) filed 3-21-2008 
pursuant tosecfion 100, title 1, Cahfornia(5ode of Regulations (Register 2008. 
No. 12). 

§ 15230. What are a participating agency's responsibilities 
within the Single Fee System? [Repealed] 

NOTE: Authonty cited: Sections 25404(b), 25404(a)(2) and (a)(3), Health and 
Safety Code. Reference: Section 25404.5(a)(2) and (3). Health and Safety Code. 

History 

1. New section filed 11-14-94 as an emergency; operative 11-14-94 (Register 
94, No. 46). A Certificate of Compliance must be transmitted to OAL by 
3-20-95 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1-4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1 -3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44), A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1-14-94 order transmitted to OAL 12-15-95 
and filed 1-31-96 (Register 96, No. 5). 

6. Repealer filed 4-13-2007; operative 5-1.3-2007 (Register 2007, No. 15). 

7. Change without regulatory effect amending section heading filed 3-21-2008 
pursuant to section 100, title 1 , California Code of Regulations (Register 2008, 
No. 12). 

§ 15240. State's Surcharge Responsibilities. 

(a) The Secretary shall determine the annual surcharge based on the 
assumptions, calculations, and supporting data that justify the reasonable 
and necessary costs of CUPA oversight and program element manage- 
ment by state agencies with responsibilities under the Unified Program. 

( I ) The Secretary shall determine the amount of each surcharge com- 
ponent based upon information received from each state agency respon- 



sible for activities under Health and Safety Code division 20. chapter 
6.11. 

(2) Each stale agency responsible for activities under Health and Safe- 
ty Code division 20, chapter 6. 1 1 shall submit to the Secretary, on a date 
specified by the Secretary, its projected reasonable and necessary costs, 
including the detailed supporting information to carry out responsibili- 
ties under Health and Safety Code division 20, chapter 6. 1 I . 

(3) Reasonable and necessary costs shall include but are not limited to. 
the costs of bad debts, and uncollected fees. 

(b) The Secretary shall review annually, and revise if necessary, the 
state surcharge to be assessed on regulated businesses. The state sur- 
charge shall not be revised more than once per year. 

(c) The Secretary shall determine the amount of state surcharge to be 
assessed on each person regulated by the Unified Program in order to 
cover the necessary and reasonable costs of the state agencies in carrying 
out their responsibilities under Health and Safety Code division 20. chap- 
ter 6. 11. pursuant to Health and Safety Code section 25404.5(b)( 1 ). The 
state surcharge consists of the following components: 

( 1 ) A component for oversight of each CUPA assessed on all regulated 
businesses. 

(2) A component assessed on regulated businesses for each UST. that 
meets the criteria of Health and Safety Code section 2528 1 (y )( I ). 

(3) A component assessed on regulated businesses under the Health 
and Safety Code section 25531 et seq.. the CalARP program. 

(A) This CalARP surcharge component is assessed on a single compa- 
ny or business within a CUPA's jurisdiction, regardless of the business's 
number of stationary sources. 

(B) A regulated business is not required to pay the CalARP surcharge 
component at a stationary source if a CUPA makes a determination that 
there is not a significant likelihood of a regulated substances accident risk 
and does not require the preparation and submission of a risk manage- 
ment plan at that stationary source operated by that business in the 
CUPA's jurisdiction, pursuant to Health and Safety Code section 25534. 

(C) This CalARP surcharge component waiver is effective starting in 
the following fiscal year after the determinaUon is made by the CUPA. 
If subsequent changes lead to a redetermination and a requirement by the 
CUPA to prepare and submit any risk management plan at any of the 
business's stationary source(s). then this surcharge component will be 
assessed beginning in the following fiscal year. 

(d) The Secretary shall publish the amendments to the state surcharge 
in the California Regulatory Notice Register and accept comments on the 
proposed surcharge for 30 days. 

(e) Following the 30-day comment period required in subdivision (d) 
for this section, the Secretary will publish the final surcharge in the 
California Regulatory Notice Register. 

(f) Sixty days following the publishing of the final surcharge in the 
California Regulatory Notice Register, the CUPAs shall be responsible 
for collecting the new surcharge as part of their single fee system. 
NOTE: Authority cited: Sections 25404(b) and (d), 25404.6(c) and 25531.2. 
Health and Safety Code. Reference: Sections 25404.5(b) and (d) and 25534, 
Health and Safety Code. 

History 

1. New section filed 1 1-14-94 as an emergency; operative 1 1-14-94 (Register 94. 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New secdon refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95. 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operadon of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1-4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operadon of law on the following 
day. 

5. Certificate of Compliance as to 1 1-14-94 order including repealer of subsec- 
tions (a)-(e) and new subsections (a)-(e) transmitted to OAL 12-15-95 and 
filed 1-31-96 (Register 96, No. 5). 



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§ 15241 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



6. Amendment of subsections (c)(1) and (c)(1)(A), new subsections (c)(4) and 
(c)(4)(A), and amendment of Note filed 9-1 1-97 as an emergency: operative 
9- 1 1-97 (Register 97. No. 37). A Certificate of Compliance must be transmitted 
to OAL by 1-9-98 or emergency language will be repealed by operation oi' law 
on the following day. 

7. Editorial correction of History 6 (Register 98, No. 3). 

8. Amendment of subsections (c)(1) and (c)(1)(A). new subsections (c)(4) and 
(c)(4)(A), and amendment of NOTf- refiled 1-16-98; including additional 
amendment of subsections (c)(4) and (cK4)(A); operative 1-16-98 (Register 
98. No. 3). A Cettificate of Compliance must be transmitted to OAL by .'S-20-98 
or emergency language will be repealed by operation of law on the following 
day. 

9. Amendment of subsections (c)(1) and (c)(1)(A), new subsections (c)(4) and 
(c)(4)(A), and amendment of Notl refiled 5-1 8-98; operative 5~] 8-98 (Regis- 
ter 98, No. 21). A Certificate of Compliance must be transmitted to OAL by 
9-1 5-98 or emergency language will be repealed by operated of law on the fol- 
lowing day. 

1 0. Reinstatement of section as it existed prior to 9-1 1 -97 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 98, No. 38). 

11. Amendment of subsections (c)(l)-(c)( 1)(A), repealer of subsections 
(c)(3)-(c)(3)(B), new subsections (c)(3)-(c)(3)(A) and amendment of Noti: 
filed 9-16-98 as an emergency; operative 9-16-98 (Register 98, No. 38). A 
Certificate of Compliance must be transmitted to OAL by 1-14-99 or emergen- 
cy language will be repealed by operation of law on the following day. 

12. Amendment of section and Note filed 1-8-99 as an emergency; operative 
1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted 
to OAL by 5- 1 0-99 or emergency language will be repealed by operation of law 
on the following day. 

13. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

14. Amendment of subsections (c)( 1 ) and (c)(1)(A) filed 8-31-99 as an emergen- 
cy; operative 8-31-99 (Register 99, No. 36). A Certificate of Compliance must 
be transmitted to OAL by 1 2-29-99 or emergency language will be repealed by 
operation of law on the following day. 

15. Amendment of subsections (c)(1) and (c)(1)(A) refiled 12-24-99 as an emer- 
gency; operative 12-24-99 (Register 99, No. 52). A Certificate of Compliance 
must be transmitted to OAL by 4-24—2000 or emergency language will be re- 
pealed by operation of law on the following day. 

16. Reinstatement of section as it existed prior to 8-3 1 -99 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2000, No. 25). 

17. Amendment of section and Note filed 1 1-1-2000 as an emergency; operative 
1 1 -1-2000 (Register 2000, No. 44). A Certificate of Compliance must be trans- 
mitted to OAL by 3-1 -2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

18. Reinstatement of section as it existed prior to 1 1-1-2000 emergency amend- 
ment by operation of Government Code section 1 1346.1(f) (Register 2001 . No. 
10). 

19. Amendment of section and Note filed 3-8-2001 as an emergency; operative 
3-8-2001 (Register 2001 , No. 10). A Certificate of Compliance must be trans- 
mitted to OAL by 7-6-2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

20. Amendment of section and Note refiled 6-25-2001 as an emergency; opera- 
tive 6-25-2001 (Register 2001, No. 26). A Certificate of Compliance must be 
transmitted to OAL by 10-23-2001 or emergency language will be repealed by 
operation of law on the following day. 

21 . Amendment of section and Note refiled 10-22-2001 as an emergency; opera- 
tive 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be 
transmitted to OAL by 2-21-2002 or emergency language will be repealed by 
operation of law on the following day. 

22. Certificate of Compliance as to 10-22-2001 order, including amendment of 
section, transmitted to OAL 2-4-2002 and filed 3-5-2002 (Register 2002, No. 
10). 

23. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

24. Change without regulatory effect amending subsection (b) filed 3-21-2008 
pursuant to section 100, title 1 , California Code of Regulations (Register 2008. 
No. 12). 

§ 1 5241 . Establishing the Single Fee for Designated State 
Agencies. 

(a) The Secretary shall determine the Unified Program single fee for 
any state agency designated to act as the CUPA pursuant to sections 
25404.3 and 25404.5, subdivision (a)(2)(B) of the Health and Safety 
Code, based on data that sets forth the necessary and reasonable costs of 
CUPA implementation by that state agency, according to the methodolo- 
gy described in subdivision (c). 

(b) Each state agency designated to administer the Unified Program 
shall provide the Secretary with the information necessary to determine 



the amount of the single fee. Each designated agency shall annually sub- 
mit to the Secretary, on a date specified by the Secretary, the amount of 
necessary and reasonable costs to carry out its responsibilities as the des- 
ignated agency, including the supporting information requested by the 
Secretary. Necessary and reasonable costs shall include, but not be lim- 
ited to, the costs of bad debts and uncollected fees. 

(c) The Secretary or the designated agency shall assess an annual fee 
on regulated businesses that is sufficient to recover the designated 
agency's net costs. The annual fee shall consist of a program element fee, 
levied on each program element to which a regulated business is subject 
within the CUPA" s jurisdiction during the reporting period or any portion 
thereof, and a Hat fee, levied equally on each regulated business within 
the CUPA' s jurisdiction during the reporting period or any portion there- 
of. The initial reporting period is July 1. 2005, through June 30, 2006. 

(1 ) The prograiT) element fee shall be calculated for each business by 
multiplying a base rate by an hourly fee for each program element to 
which a business is subject. If a business is subject to multiple program 
elements, all program element fees to which it is subject shall be added 
to deteriTiine its total program element fee. 

(A) Program element fee categories include AST. UST, CalARP, 
HMRRP, hazardous waste generator, hazardous waste recycler, and 
tiered permit. In determining the base rate, the Secretary may divide 
tanks and generators into categories of large, medium, and small, and di- 
vide tiered permits into categories of PBR, CA and CE. Businesses with 
multiple tiered permit operations at the same site will be subject to the 
tiered permit program element fee for only one such operation per site, 
which shall be for the operation that is subject to the highest fee. 

(B) Businesses that have filed documents required for permanent tank 
closure with the designated agency or its predecessor, and have discon- 
tinued storage of hazardous substances within the tank, shall not be sub- 
ject to the program element fee beginning with the reporting period after 
such documents have been filed, but shall be subject to cost recovery pur- 
suant to subdivision (j). 

(2) The flat fee shall be calculated for each business by dividing the 
designated agency's net costs, minus all estimated program element fee 
receipts, by the total number of regulated businesses within the CUPA's 
jurisdiction. 

(d) In addition to the annual fee, the Secretary or the designated agency 
shall assess the annual state surcharge pursuant to section 25404.5, sub- 
division (b) (1) of the Health and Safety Code. 

(e) A transfer of ownership or operation of assets at a site shall not 
cause an additional fee to be assessed if the fee for the same reporting pe- 
riod has been paid by the previous owner or operator. Businesses with 
multiple program elements will be assigned the specified base rate for 
each element that is present at an individual site, except that businesses 
with more than one tank will be assigned the specified number of units 
based on the combined capacity of all active tanks per site, regardless of 
the number of such tanks. 

(f) The fee shall be due on the date or dates specified by the Secretary 
or the designated agency, which shall not be less than 30 days from the 
date of the bill. The fee may be assessed in a single billing or in more than 
one billing. A penalty of 1 percent shall be assessed on any payment that 
is not received as postmarked by the due date. Beginning on the first day 
of the calendar month following the due date, simple interest shall accrue 
monthly on any unpaid fee or portion thereof at the rate established by 
the State Board of Equalization pursuant to section 43 1 55 of the Revenue 
and Taxation Code, and shall continue until the fee is paid. The penalty 
or interest may be waived if the Secretary or the designated agency deter- 
mines that the failure to make a timely payment was due to reasonable 
cause and circumstances beyond the person's control, and occurred not- 
withstanding the exercise of ordinary care and the absence of willful ne- 
glect. Mere disagreement with the fee assessment shall not be deemed 
reasonable cause. A person seeking to be relieved of penalty or interest 
shall submit a written statement to the Secretary or the designated 
agency, signed under penalty of perjury, setting forth the facts upon 
which he or she bases the claim for relief. 



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Title 27 



General Functions and Responsibilities 



§ 15242 



(g) 11" the Secretary or the designated agency provides a refund because 
of an erroneous bilhng, the refund shall be subject to simple interest at 
the rate provided in section 43455 of the Revenue and Taxation Code, un- 
less the erroneous billing was due to incorrect information provided by 
the person who receives the refund. No refund shall be granted unless the 
person who seeks the refund submits written notification of the error to 
the Secretary or the designated agency within one year of the date the per- 
son is notified of the fee or cost assessment. 

(h) Failure to pay the required fee or cost reimbursement may result 
in a suspension by the Secretary or the designated agency of the regulated 
business" s right to conduct the activity that is subject to the fee. The regu- 
lated business will receive at least 30 days notice of the suspension. Fail- 
ure to pay the fee. or conducting the activity during the suspension, shall 
be deemed a violation of the regulatory law administered by the Secretary 
or the designated agency. Any suspension will be stayed during the ap- 
peal of the fee under subdivision (k). 

(i) The Secretary shall review annually, and revise if necessary accord- 
ing to the procedures set forth in this section, the fees assessed pursuant 
to this section. The Secretary shall not revise the fees more than once per 
fiscal year. The Secretary shall publish any proposed revisions to the fees 
in the California Regulatory Notice Register and accept comments on the 
proposed fees for 30 days thereafter. Following the 30-day comment pe- 
riod, the Secretary will consider comments and prepare a response that 
identifies the comments, the Secretary's findings, and the Secretary's fi- 
nal fee decisions. The Secretary will make responses available upon re- 
quest and will publish the final fee in the California Regulatory Notice 
Register. 

(j) The Secretary or the designated agency may recover the cost of 
non-recurring activities directly from the person who receives the non- 
recurring activities, based on the total cost to the Secretary or designated 
agency of providing that non-recurring activity. 

(k) A person may dispute the assessment of the fee or cost recovery by 
submitting a petition to the director of the designated agency. The person 
must submit the petition, in writing, within one year of the date the person 
is notified of the fee or cost assessment. The petition must state the specif- 
ic grounds upon which it is founded. If the matter cannot be resolved in- 
formally, the director shall designate a hearing officer to decide the peti- 
tion. The hearing officer shall be in neither a subordinate nor a 
supervisory or managerial position to any staff involved in making the 
initial determination. A hearing shall be conducted in person, by tele- 
phone, or by video conference at which all relevant evidence will be ad- 
missible. The hearing officer shall make the final decision to approve or 
deny the petition. 

NOTE: Authority cited: Sections 25404 and 25404.6, Health and Safety Code. Ref- 
erence: Sections 25404.3, 25404.5 and 25404.6, Health and Safety Code. 

History 

1 . New section filed 9-26-2005 as a deemed emergency pursuant to Health and 
Safety Code section 25404.6(c); operative 9-26-2005 (Register 2005, No. 39). 
A Certificate of Compliance must be transmitted to OAL by 1-24-2006 or 
emergency language will be repealed by operation of law on the following day. 

2. New section refiled 1-13-2006 as a deemed emergency pursuant to Health and 
Safety Code section 25404.6(c). including repealer and new subsection 
(c)(1)(B) and amendments to subsections (e), (f) and (h); operative 1-24-2006 
( Register 2006, No. 2). A Certificate of Compliance must be transmitted to OAL 
by 5-24-2006 or emergency language will be repealed by operation of law on 
the following day. 

3. Certificate of Compliance as to 1-13-2006 order, including amendment of sec- 
tion, transmitted to OAL 5-1-2006 and filed 6-13-2006 (Register 2006, No. 
24). 

4. Amendment of subsection (c)(1)(A) filed 4-13-2007; operative 5-13-2007 
(Register 2007, No. 15). 

5. Change without regulatory effect amending subsection (c)(1)(A) filed 
3-21-2008 pursuant to section 100, title 1, California Code of Regulations 
(Register 2008, No. 12). 

§ 15242. Definitions. 

Tlie following definitions apply to secfion 15241: 
(a) "Base rate" is an estimate of the designated agency's workload 
standard (amount of ume) to complete a program element task for each 
jurisdiction for which it acts as the CUPA. 



(b) "Business" or "regulated business" shall have the meaning of "reg- 
ulated business" defined in section 151 10 of this title. 

(c) "Generator" shall have the meaning of "generator" in section 
66260. 10 of Utle 22 of the California Code of Regulations. Notwith.stand- 
ing this definifion, a person shall not be subject to the program element 
fee or the fiat fee solely for reason of any of the following: generation of 
waste that is not transported off site; removing soil for purposes of site 
mitigafion; removing an unexpected or extraordinary spill of hazardous 
materials; or removing abandoned hazardous waste that was not pro- 
duced in the course of conducung his or her business. Also, no program 
element fee or flat fee shall be assessed for any activity that is exempt 
from any fee pursuant to section 25174.7 or 25205.3 of the Health and 
Safety Code. 

( 1 ) "Large generator" means a person who generates 500 or more tons 
of hazardous waste per calendar year. 

(2) "Medium generator" means a person who generates at least one ton 
but less than 500 tons of hazardous waste per calendar year. 

(3) "Small generator" means a person who generates hazardous waste 
in an amount less than one ton per calendar year. 

(d) "Hourly fee" is the designated agency's houriy labor charge. It will 
be calculated by dividing 80 percent of the designated agency' s net annu- 
al costs by the total esdmated annual workload hours to administer the 
program. 

(e) "Net costs" means projected costs to administer the Unified Pro- 
gram during the fiscal year, minus any money collected from grants, re- 
imbursements, penalfies, cost recoveries, and allocations from the Rural 
CUPA Reimbursement Account. Any surplus or deficit from the preced- 
ing fiscal year will be subtracted from or added to the designated 
agency's cost projections for the following fi.scal year. 

(f) "Non-recurring activifies" shall include, but not be limited to, over- 
sight of facility closure or of remedial activities, including closure or re- 
medial activities required by an order issued by the designated agency or 
another government agency. "Non-recurring activifies" do not include 
any of the following: a regulatory compliance inspection, the issuance or 
approval of a permit or other form of authorizafion, the issuance of an or- 
der for correcfive acfion or penalties, a plan review, or any activity that 
is essenual to carry out one or more of the foregoing regulatory activities. 

(g) "Site" means real property that is owned or operated by the same 
person that is either contiguous or satisfies the meaning of "on site" in 
section 66260.10 of title 22 of the California Code of Regulations. 

(h) "Tank" means a storage tank or group of storage tanks. 

( 1 ) "Large storage tank" means a storage tank or group of storage tanks 
with a total capacity per site of 34,000 gallons or more. 

(2) "Medium storage tank" means a storage tank or group of storage 
tanks with a total capacity per site of at least 19,000 gallons but less than 
34,000 gallons. 

(3) "Small storage tank" means a storage tank or group of storage tanks 
with a total capacity per site of less than 19,000 gallons. 

(i) Except as otherwise stated in this secfion, words have the meanings 
provided by the following authorifies, in order of precedence: ( I ) section 
25404 of the Health and Safety Code; (2) secfion 151 10 of this tide, (3) 
article 2 (commencing with secfion 251 10) of chapter 6.5 of division 20 
of the Health and Safety Code; and (4) .secfion 66260. 10 of title 22 of the 
California Code of Regulafions. 

NOTE: Authority cited: Sections 25404 and 25404.6. Health and Safety Code. Ref 
erence: Sections 25404.3, 25404.5 and 25404.6, Health and Safety Code. 

History 

1. New section filed 9-26-2005 as a deemed emergency pursuant to Health and 
Safety Code secfion 25404.6(c): operative 9-26-2005 (Register 2005, No. 39). 
A Certificate of Compliance must be transmitted to OAL by 1-24-2006 or 
emergency language will be repealed by operation of law on the following day. 

2. New section refiled 1-1 3-2006 as a deemed emergency pursuant to Health and 
Safety Code section 25404.6(c), including repealer of subsection (d) and sub- 
section relettering; operative l-24-2(X)6 (Register 2006, No. 2). A Certificate 
of Compliance must be transmitted to OAL by 5-24-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. Certificate of Compliance as to 1-13-2006 order, including amendment of sec- 
tion, transmitted to OAL 5-1-2006 and filed 6-13-2006 (Register 2006, No. 
24). 



Page 415 



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§ 15250 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



§ 15250. CUPA Surcharge Responsibilities. 

(a) The CUPA shall collect the surcharge for all program elements 
within its Unified Program as part of their single fee system 

( 1 ) Willful or negligent failure to collect the surcharge may be a basis 
for withdrawing the CUPA's certification. 

(2) The CUPA shall begin assessing the surcharge within its first bill- 
ing cycle or within 12 months after the effective date of certification, 
whichever is shorter. The full surcharge will be assessed and collected 
within 12 months of the effective date of certification and every 12 
months thereafter. 

(3) The CUPA may waive the state surcharge for specific regulated 
businesses provided that the criteria for waiving the state surcharge 
meets the same standards as those established by the CUPA for waiving 
the single fee. 

(A) The state surcharge may not be waived for any regulated business 
so long as the regulated business is assessed a fee under the single fee sys- 
tem. 

(i ) The Secretary may revoke the CUPA" s authority to waive state sur- 
charge fees if it is determined that the CUPA consistently does not make 
a reasonable, good faith effort to protect the state's interests or is not fol- 
lowing the established criteria for waiving the state surcharge. 

(B) Notwithstanding the provisions of sections 15241 and 15242. if a 
CUPA prorates their fees for regulated business in operation for part of 
a year, the applicable surcharge components may be prorated at the same 
rate. 

(b) Remittance to the Secretary. 

( 1) The CUPA shall transmit all collected state surcharge revenues to 
the Secretary quarterly, within 30 days of the end of each state fiscal quar- 
ter. 

(A) With each surcharge transmittal the CUPA shall separately report 
the amount of surcharge revenues collected for: CUPA oversight, regu- 
lated UST's, and the CalARP Program. 

(B) Failure to transmit the surcharge after collection may be a basis for 
withdrawing the CUPA's certification. 

(C) Remit the collected state surcharge revenues with a completed 
copy of report 1 to: 

AIR RESOURCES BOARD 

ATTN: ACCOUNTING 

P.O. BOX 1435 

SACRAMENTO, CALIFORNIA 95812 

NOTE: Authority cited: Sections 25404, 25404(b) and 25404.6(c), Health and 
Safety Code. Reference: Sections 25404.5(a)(1), (2) and (4) and 25404.5(b), 
Health and Safety Code. 

History 

1 . New section filed 1 1 -14-94 as an emergency; operative 11-14-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transnrutted to OAL by 11 -4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of Compliance as to 11-14-94 order including amendment of sub- 
section (a)(1), repealer of subsection (a)(1)(A), amendment of subsections 
(a)(3)-(4), (a)(6), new subsections (a)(7)-(8), amendment of subsections (b)( 1 ), 
(c)(l )-(2) and (d)(1)(B) transmitted to OAL 12-1 5-95 and filed 1-31-96 (Reg- 
ister 96, No. 5). 

6. Change without regulatory effect adding subsection (b)(1)(C) filed 5-28-97 
pursuant to section 1 00, title 1 , California Code of Regulations (Register 97, No. 
22). 

7. Amendment of subsections (a)(7), (b)( 1 ), (b)( 1 )(A), (b)(1)(C), (c)(1), (c)(2) and 
(d)(1)(A) and new subsection (c)(3) filed 1-8-99 as an emergency; operative 
1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted 
to OAL by 5-1 0-99 or emergency language will be repealed by operation of law 
on the following day. 

8. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 



9. Change without regulatory effect amending subsection (b)(1)(C) filed 
7-11-2001 pursuant to section 100, title 1, California Code of Regulations 
(Register 2001. No. 28). 

10. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007. No. 15). 

11. Change without regulatory effect amending subsections (b)(1)(A) and 
(b)( I )(C) filed 3-21-2008 pursuant to section 100, ntle 1. California Code of 
Regulations (Register 2008, No. 12). 

§ 15260. CUPA — Education, Technical Expertise, and 
Training. 

(a)(r) CUPAs shall meet the following minimum qualifications: 

(A) CUPA technical program staff and supervisors who are involved 
in specific activities associated with oversight of the local Unified Pro- 
gram requirements must meet the following minimum educational re- 
quirements: 

(i) Thirty semester units earned from an accredited college or institu- 
tion approved by the California Superintendent of Public Instruction un- 
der the provisions of California Education Code section 94310(b), from 
one or more of the following disciplines: 

(aa) Biology or microbiology 

(bb) Chemistry, chemical engineering 

(cc) Physics, physical science 

(dd) Environmental science 

(ee) Geology or soil science 

(ff) Environmental health 

(gg) Environmental or sanitary engineering 

(hh) Toxicology 

(ii) Industrial hygiene 

(]]) Hazardous materials management 

(kk) Fire science, fire technology; 

-OR- 

(ii) Equivalent to graduation from an accredited college or university 
or equivalent degree approved by the California Superintendent of Public 
Instruction under the provisions of California Education Code section 
94301(b) with major course work in the disciplines listed in paragraph 
(a)(l)(A)(i); 

-OR- 

(iii) Qualifying experience in hazardous materials management, regu- 
lation, analysis, or research; environmental research, monitoring, sur- 
veillance or enforcement; or resource recovery may be substituted for the 
required education, on the basis of one year of qualifying experience for 
15 units of college course work authorized pursuant to paragraph 
(a)(l)(A)(i), for up to a maximum of 15 units. 

(B) CUPA technical program staff and supervisors who are involved 
in specific activities associated with oversight of the local Unified Pro- 
gram requirements shall meet minimum hours of training or experience 
requirements contained in subdivision (d)(3)(B) of this section, for all the 
following subject areas: 

(i) Regulatory overview; 

(ii) Classification, identification, and chemistry of hazardous materi- 
als and hazardous waste; 

(iii) Health and environmental effects of hazardous substances, in- 
cluding chemical exposure and route of entry; 

(iv) Sampling methodologies and use of instrumentation for detection 
and sampling of hazardous substances; 

(v) Conducting inspections and enforcement actions, and writing in- 
spection reports and notice of violation; 

(vi) Interviewing, case development, and collection and preservation 
of evidence. 

(b) One or more CUPA technical staff or supervisors, as needed to ef- 
fectively meet the requirements of paragraphs (a)(1)(A) and (1)(B), shall 
meets the requirements of subdivision (d) of this section. 

(c) Technical staff and supervisors of the CUPA and PA 's shall receive 
training in the following areas; 

(1) Hazardous materials and hazardous waste permitting, inspection 
and enforcement duties and responsibilities pursuant to state law and reg- 
ulation, and to local ordinances and resolutions; 



Page 416 



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Title 27 



General Functions and Responsibilities 



§ 15280 



(2) Inspeciion techniques and scheduling, including evidence collec- 
tion, chain ol" custody, sample preservation, and interviewing; 

(3) Administration practices within a hazardous materials and hazard- 
ous waste program; 

(4) Monitoring equipment, data evaluation, and interpretation of the 
results as related to hazardous materials and hazardous waste analysis; 
and 

(5) Field staff health and safety training including: planning field in- 
spections, safety equipment, on-site procedures, decontamination and 
hazard recognition and avoidance. 

(d)(]) Education Requirements: 

(A) Equivalent to graduation from an accredited college or university 
or equivalent degree approved by the California Superintendent of Public 
Instruction under the provisions of California Education Code section 
9431()(b) with major coursework in biological, chemical, physical, envi- 
ronmental or soil science; environmental health; environmental or sani- 
tary engineering; toxicology; industrial hygiene; or a related field. Addi- 
tional qualifying experience in hazardous materials management, 
regulation, analysis, or research; environmental research, monitoring, 
surveillance or enforcement; or resource recovery may be substituted for 
the required education on the basis of one year of qualifying experience 
for each year of college work for up to a maximum of two years. When 
substituting experience for education, qualifying education must include 
a minimum of 30 semester units in natural science from an accredited col- 
lege or equivalent units from an institution approved as above; or 

(B) Registration as an Environmental Health Specialist may be substi- 
tuted for the required education. 

(2) Participating staff shall have a minimum of one year experience in 
conducting hazardous materials or hazardous waste regulatory com- 
pliance inspections. 

(3) Staff issuing enforcement orders shall complete the following 
minimum training: 

(A) Health and safety training as specified in section 5192(e) title 8. 
California Code of Regulations; 

(B) 100 hours of training in regulatory investigative techniques in- 
cluding training in the following subjects: 

(i) Federal and state statutes and regulations on hazardous waste con- 
trol; 

(ii) Conducting an inspection; 

(iii) Waste classification; 

(iv) Inspection report writing; 

(v) Collection and preservation of samples; 

(vi) Enforcement response options; 

(vii) Writing reports of violation; 

(viii) Interviewing; 

(ix) Case development; 

(x) Collection and preservation of evidence; 

(xi) Witness training; and 

(xii) Rules of evidence and the administrative hearing process. 

(C) Twenty-four hours of training in the following additional areas: 
(i) Training on penalty assessment; and 

(ii) Negotiation techniques. 

(D) It shall be the responsibility of the CUPA to document the training 
and experience of staff participating in this program. 

NOTE: Authority cited: Sections 25404(b) and 25404.6(c). Health and Safety 
Code. Reference: Sections 25404(c) and (d), 25404.1(a)(1) and 25404.3(b)(1), 
(4), (5) and (7), Health and Safety Code. 

History 

1. New section filed 1 1-14-94 as an ennergency;operative 1 1-14-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1 -4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 



4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to I 1 -1 4-94 order including amendment of subsec- 
tions (aX2), (a)(3)(A) and (b) transmitted to OAL 1 2-1 5-95 and filed 1 -3 1-96 
(Register 96, No. 5). 

6. Change without regulatory effect amending section filed 12-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96. No. 51 ). 

7. Amendment of section headine and section filed 4-13-2007; operative 
5-1.V2007 (Register 2007. No. 1^5). 

8. Change without regulatory effeci amending subsections (c) and (c)(4) filed 
3-21-2008 pursuant to section 100. title 1. California Code of Regulations 
(Register 2008, No. 12). 

§ 1 5270. PA — Education, Technical Expertise and 
Training. 

(a) A PA implementing one or more of the program elements on or be- 
fore December 31, 1995, shall be considered qualified to implement 
those specific program eiement(s). 

(b) PA technical staff and supervisors shall meet the ongoing training 

requirements identified in section 15260(c). 

NOTE: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety 
Code. Reference: Sections 25404(c) and (d).2.S404. 1(a)(1), 25404. 1(b)(2) and (4) 
and 25404.3(b)(]). (4), (5) and (7). Health and Safety Code. 

History 

1. New section filed 1 1-1 4-94 as an emergency; operative 1 1-14-94 (Register94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by .V20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-.5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New secfion refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1-4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-.V95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1-14-94 order including amendments of sub- 
sections (a) and (b) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 
96, No. 5). 

6. Amendment of secfion heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 



Article 6. 



CUPA Self-Auditing and 
Reporting 



§15280. Self-Auditing. 

(a) The CUPA shall conduct an annual self-audit at the end of each 
state fiscal year and shall be maintained on file by the CUPA for a period 
of five years. Annual self-audit reports shall be completed by September 
30 of each year. The time period covered by each self-audit is the state 
fiscal year from July 1 through June 30 of each year. 

(1 ) The first self-audit report shall be produced by September 30 fol- 
lowing a full year of operation as a CUPA. 

(2) Upon written request of the Secretary or a state agency responsible 
for overseeing one or more program elements, the CUPA shall forward 
the self-audit to the person or agency making the request upon 60 days 
notice. 

(3) For an agency authorized to confinue its role, responsibilities, and 
authority for a program element or elements pursuant to Health and Safe- 
ty Code sections 25404.3(f) or 25533(f), the self-audit shall only include 
information on the program element or elements that particular agency 
is authorized to continue to operate and shall not include information re- 
lated to the surcharge or single fee system. 

(b) The self-audit shall assess the performance of the CUPAs and any 
PA's implementafion of standards in statutes and regulations established 
by the Secretary or the state agencies responsible for one or more of the 
program elements. 

(c) The self-audit report shall include: 

(1) A report of deficiencies with a plan of correction. 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(2) A narrative summary of the effectiveness of activities including, 
but not limited to: 

(A) Permitting; 

(B) Inspections; 

(C) Enforcement; and 

(D) The single fee system. 

(3) An explanation of any discrepancies on the annual and quarterly 
reports of program activities submitted to the Secretary pursuant to sec- 
tion 15290 and the Unified Program requirements for those activities. 

(4) The annual review and update of the fee accountability program as 
required by section 15220. 

(5) A record of changes in local ordinances, resolutions, and agree- 
ments affecting the Unified Program. 

(6) A summary of new programs being included in the Unified Pro- 
gram if applicable. 

NOTE: Authority cited: Sections 25404, 25404(b) and 25404.6(c). Health and 
Safety Code. Reference: Sections 25404(b), (c) and (d), 25404.4(a)(1) and 
25404.5(b), Health and Safety Code; and Title 23, Section 2713. Califomia Code 
of Regulations. 

History 

1. New article 6 and section filed 1 1-14-94 as an emergency; operative 1 1-14-94 
(Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL 
by 3-20-95 or emergency language will be repealed by operation of law on the 
following day. 

2. New article 6 and section refiled 3-7-95 as an emergency; operative 3-7-95 
(Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL 
by 7-5-95 or emergency language will be repealed by operation of law on the 
following day. 

3. New article 6 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 
27). A Certificate of Compliance must be transmitted to OAL by 1 1^-95 or 
emergency language will be repealed by operation of law on the following day. 

4. New article 6 and section refiled 1 1-3-95 as an emergency: operative 11-3-95 
(Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL 
by 3-2-96 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 1 1-14-94 order including amendment of sub- 
sections (a), (a)(l)(A)-(B), (a)(2), (b), and (b)(1)(B), repealer of subsection 
(b)( I )(C)(ii) and subsection renumbering, amendment of subsection (b)(2), new 
subsection (b)(3), amendment of subsection (c)(1) and (c)(1)(A), repealer of 
subsection (c)(1)(B), new subsections (c)(l)(B)-(c)(] )(B)(iii), and amendment 
of subsection (c)(2) and Note transmitted to OAL 12-15-95 and filed 1-31-96 
(Register 96, No. 5). 

6. Change without regulatory effect adding subsection (b)(4) filed 5-28-97 pur- 
suant to section 100, title 1, California Code of Regulations (Register 97, No. 
22). 

7. Amendment of article heading, section heading, section and Note filed 1-8-99 
as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Com- 
pliance must be transmitted to OAL by 5-1 0-99 or emergency language will be 
repealed by operation of law on the following day. 

8. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

9. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

10. Change without regulatory effect renumbering subsections (a)(3)-(4) to sub- 
sections (a)(2)-(3) filed 3-21-2008 pursuant to section 100, fitle 1, Califomia 
Code of Regulations (Register 2008, No. 12). 

§15290. Reporting. 

(a) The CUPA shall submit the following reports for the previous fis- 
cal year to the Secretary by September 30 of each year. The first reports 
shall be submitted by September 30 following a full state fiscal year of 
operation as a CUPA. 

( I ) The Annual Single Fee Summary Report using report 2. It includes: 

(A) The amount of the single fee billed and the amount collected. 

(B) The amount of any funds due to PA's and the amount actually 
transmitted. 

(C) The amount of surcharge billed, the amount of surcharge waived, 
and the amount of surcharge collected for each category identified in sec- 
tion 15240(c). 

(D) If the CUPA believes that the number of regulated businesses will 
change significantly in the current year or in the next year, then estimates 
of those changes for each program element will be provided in a cover 
letter with report 2. 

(E) A count for the year of the report of the total regulated businesses, 
UST facilities, USTs, onsite hazardous waste treatment facilities (PER, 



CA, and CE). CalARP program stationary sources, waivers granted to 
stationary sources, and businesses subject to the CalARP program sur- 
charge. 

(2) Annual Inspection Summary Report, using report 3, provides sum- 
mary information for each program element. The hazardous waste ele- 
ment is separated into parts for generators, LQGs. recyclers, and onsite 
treatment as shown on report 3. The summary information includes the 
number of regulated businesses, total number of inspections, routine in- 
spections, other inspections, and the inspected businesses that returned 
to compliance within established standards after routine inspections. Es- 
tablished standards vary by program element and are found in either state 
law or regulations, or the CUPA may adopt more stringent standards by 
local ordinance or in its application for certification. The report also col- 
lects total counts (not by program element) for these types of inspections: 
combined routine, joint, and integrated/multi-media; and a count of 
RMP audits for the CalARP program. 

(3) Annual Enforcement Summary Report, using report 4, provides 
summary information for each program element. The hazardous waste 
element is separated into parts for generators. LQGs. recyclers, and on- 
site treatment, as shown on report 4. The summary information includes 
the number of facilities with violations by type of violation; the number 
of informal enforcement actions; the total number of administrative ac- 
tions, civil and criminal referrals and enforcement actions, and the total 
amount of fines and penalties initially assessed and collected. For the 
Class I and II violations within the hazardous waste program, it also pro- 
vides a count of the total number of formal enforcement actions that were 
initiated within 135 days from the first day of a routine inspection or after 
making a determination of the violations for a complaint investigation. 
(This last count excludes minor violations.) 

(4) Reports 2 through 4 shall be submitted by the CUPA to the: 

CAIJFORNIA ENVIRONMENTAL PROTECTION AGENCY 
UNIFIED PROGRAM SECTION 

U.S. MAIL: P.O. BOX 2815 
SACRAMENTO. CALIFORNIA 95812-2815 

EXPRESS MAIL: 1001 'T' STREET 
SACRAMENTO. CALIFORNIA 95814 

(b) On a semi-annual basis, each CUPA shall send information per- 
taining to local UST program implementation to SWRCB using Semi- 
Annual UST Program Report, report 6. This report shall satisfy the re- 
quirements of Health and Safety Code section 25299.7(b) and California 
Code of Regulations, title 23, section 2713. 

(1) Semi-Annual UST Program Report provides information on 
semi-annual changes to the count of regulated tank facilities; the number 
of active and permanently closed petroleum and non-petroleum tank 
systems; the number of completed UST facility inspections; a count of 
active UST facilities in compliance with release detection and release 
prevention requirements; and information regarding red tags issued pur- 
suant to the Califomia Code of Regulations, title 23, article 10.5. The 
CUPA will also review and verify the information shown from the pre- 
vious reporting period and make any appropriate changes. 

(2) The semi-annual reports shall be submitted by March 1 and Sep- 
tember 1 to the: 

STATE WATER RESOURCES CONTROL BOARD 
DIVISION OF WATER QUALITY, UST PROGRAM 
P.O. BOX 223 1 
SACRAMENTO. CA 95812-2231 

(c) The periodic reports required by this section shall be submitted in 
a paper form, unless the CUPA requests to submit the reports electroni- 
cally and obtains the Secretary's prior approval of the file format. 

(d) If the CUPA chooses to submit reports 3, 4, and 6, required by sec- 
tion 15290, to the state in an electronic format, the CUPA shall: 

(1) Meet the standards specified in sections 15185 and 15187, 

(2) Submit the data using the same layout and present the required in- 
formation in the same order and general sequencing for each page as 
shown on each report, or use a facsimile version thereof. 



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Title 27 



General Functions and Responsibilities 



§ 15300 



(3) Collect and report all of the information found on the report that 
applies to the CUPA. 

(e) Upon the written request of the Secretary or an authorized agent, 
or a state agency responsible for one or more program elements, the 
CUPA shall provide information listed in or derived from any part of the 
Unified Program data dictionary [refer to div. 3, subd. 1 . chs. 1-5] to the 
person or agency making the request within 60 days. The scope of these 
requests by the Secretary for information on facilities and/or CUPA acti- 
vities is limited to data included in the data dictionary. These additional 
data reports shall be submitted in a paper form, unless the person or 
agency making the request approves a CUPA's request to submit the re- 
ports electronically. CUPAs may request an extension upon showing 
good cause. 

(f) Nothing in this section shall limit the authority of the Secretary to 
request records or documents that are normally maintained by the CUPA 
in the course of implementing the Unified Program or otherwise required 
by law to be retained by the CUPA. The CUPA shall provide this infor- 
mation to the Secretary within 60 days. 

(g) Any other program reports required by federal or state law. The 
CUPA shall provide this information to the person or agency making the 
request within 60 days. 

(h) An agency authorized to operate a program element or elements 
pursuant to Health and Safety Code sections 25404.3(0 or 25533(f) shall 
only report information on the implementation of the program element 
or elements that particular agency is authorized to operate and shall not 
include information related to the surcharge or single fee system. 

(i) If the Secretary does not receive current information on the regu- 
lated business from each CUPA, the Secretary may use whatever in- 
formation is available to estimate the data on regulated business. 

(j ) The Secretary shall provide copies of the received summary reports 
required pursuant to section 15290 to any state agency with program ele- 
ment responsibilities under the Unified Program upon request. 
NOTE; Authonty cited: Sections 25404fb). (c), (d) and (e) and 25404.6(c), Health 
and Safety Code. Reference: Sections 25299.3(b), 25404(b), (c) and (d), 
25404.4(a)(1) and 25404.5(b), Health and Safety Code. 

History 

1 . New section filed i 1-1 4-94 as an emergency; operative 1 1-1 4-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New .section reHled 3-7-95 as an emergency; operative 3-7-95 (Register 95, 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1-4-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of Compliance as to 1 1-14-94 order including amendment of sub- 
sections (a) and (b) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 
96, No. 5). 

6. Repealer and new secfion filed 1-8-99 as an emergency; operative 1-8-99 
(Register 99. No. 2). A Certificate of Compliance must be transmitted to OAL 
by 5-10-99 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1-8-99 order, including amendment of subsec- 
tion (k) transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20). 

8. Change without regulatory effect redesignating and amending former subsec- 
tion (c) as subsection (c)(i) and adopting new subsection (c)(ii) filed 7-1 1 -2001 
pursuant to section 100, title 1, California Code ofRegulations (Register 2001, 

No. 28). 

9. Change without regulatory effect repealing subsections (b) and (c)(ii), reletter- 
ing subsections and amending newly designated subsection (b)(i) and NoTt; 
filed 7- 13-2004 pursuant to section 100. title 1, California Code ofRegulations 
(Register 2004, No. 29). 

10. Amendment of subsections (c)(2) and (f) filed 11-16-2004; operative 
12-16-2004 (Register 2004, No. 47). 

11. Amendment of section heading and secfion filed 4-13-2007; operative 
5-13-2007 (Register 2007. No. 15). 



12. Amendment of subsections (b)-(b)(2) filed 12-18-2007: operative 
1-17-2008 (Register 2007, No. 51 ). 

13. Change without reeulatory effect amending subsections (a)(1), (a)(1)(B). 
(a)(1)(D). (a)(2)-(b),'(d) and (e) filed 3-21-2008 pursuant to section 100. title 
1, California Code of Regulafions (Resi-ster 2008, No. 12). 



Article 7. Changes in the Program 

§ 15300. Prior Notification and Approval by the Secretary. 

(a) A CUPA must notify and receive approval from the Secretary prior 
to instituting the following significant changes: 

( 1 ) Addition or deletion of a program element; 

(2) Replacement or addition of a PA. 

(b) The CUPA shall submit a proposal for change in the Unified Pro- 
gram to the Secretary. The proposal shall include the following if appli- 
cable: 

(1) Explanation of the proposed changes in sufficient detail to enable 
a full understanding of the roles and responsibilities of the CUPA, each 
member of a JPA, and all PA"s; 

(2) PA agreements for any new PA"s or any changes in the role or re- 
sponsibilities of any PA; 

(3) Adequate information to enable the Secretary to determine that 
agencies proposed to implement some element of the Unified Prograin 
meet requirements including technical expertise, training, and education 
applicable to those elements; and 

(4) Sufficient information to enable the Secretary to determine that ad- 
equate resources exist to carry out all aspects of the Unified Program. 

(c) The CUPA shall notify any affected PA. 

(d) Any PA implementing a program element that is subject to pro- 
posed change shall have the opportunity to comment on the proposed 
change. 

(e) The Secretary shall review proposed changes to a Unified Program 
in consultation with other affected state agencies. 

(1) The Secretary may conduct a public hearing if in the Secretary's 
opinion the proposed changes are likely to generate significant public in- 
terest. 

(f) The Secretary shall approve or disapprove of the CUPA's proposal 
within 60 days of receipt of the proposal by certified mail. 

(g) Within 30 days of receipt of the Secretary's decision, the CUPA 
may appeal a decision pursuant to this section. 

( 1 ) The appeal shall respond to the reasons specified in the Secretary's 
decision and may propose additional changes necessary to correct defi- 
ciencies in the original proposal. 

(2) The appeal process shall be completed within 60 days of receipt of 
the appeal. 

(3) The Secretary's final decision on the proposal changes shall be is- 
sued by certified mail within the 60-day appeal timeframe. 

NOTE: Authority cited: Sections 25404, 25404(b) and 25404.6(c), Health and 
Safety Code. Reference: Sections 25404.2(c), 25404.3, 25404.3(d) and 
25404.4(a), Health and Safety Code. 

History 

1. New article 7 and secfion filed 1 1-14-94 as an emergency: operative 1 1-14-94 
(Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL 
by 3-20-95 or emergency language will be repealed by operation of law on the 
following day. 

2. New article 7 and section refiled 3-7-95 as an emergency; operative 3-7-95 
(Register 95, No. 1 0). A Certificate of Compliance must be transmitted to OAL 
by 7-5-95 or emergency language will be repealed by operation of law on the 
following day. 

3. New article 7 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 
27). A Certificate of Compliance must be transmitted to OAL by 1 1^-95 or 
emergency language will be repealed by operation of law on the following day. 

4. New article 7 and section refiled 1 1-3-95 as an emergency; operative 1 1-.V95 
(Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL 
by 3-2-96 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of compliance as to 1 1-1 4-94 order transmitted to OAL 1 2- 1 5-95 
and filed 1-31-96 (Register 96, No. 5). 

6. Amendment of section heading and secfion, including renumbering and amend- 
ment of former section 15310 to subsections 15300(b)-(g)(3), and amendment 
of Note filed 4-13-2007; operafive 5-13-2007 (Register 2007, No. 15). 



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Title 27 



7. Change without regulatory effect renumbering subsections (b)(l)-(2) filed 
3-21-2008 pursuant to section 100, title 1, California Code of Reeulations 
(Register2008, No. 12). 



§ 1 531 0. What are the notification and approval 

procedures for activities which require prior 
approval from the Secretary? [Repealed] 

NOTE: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. 
Reference: Sections 25404.2(c), 25404.3 and 25404.4(a), Health and Safety Code. 

History 

1. New section filed 1 1-14-94 as an emergency; operative 1 1-1 4-94 (Register 94, 
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 
or emergency language will be repealed by operation of law on the following 
day. 

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95. 
No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 
or emergency language will be repealed by operation of law on the following 
day. 

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certifi- 
cate of Compliance must be transmitted to OAL by 1 1^-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

4. New section refiled 1 1-3-95 as an emergency; operative 1 1-3-95 (Register 95, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 
or emergency language will be repealed by operation of law on the following 
day. 

5. Certificate of compliance as to 1 1-14-94 order transmitted to OAL 12-15-95 
and filed 1-31-96 (Register 96, No. 5). 

6. Renumbering of former section 15310 to subsections 15300(b)-(2)(3). and 
amendment of Note filed 4-13-2007; operative 5-13-2007 (Register 2007, 
No. 15). 

7. Change without regulatory effect amending section heading filed 3-21-2008 
pursuant to section 100, title 1, California Code of Regulations (Register 2008, 
No. 12). 



§ 15320. Withdrawal of a Certification. 

(a) If the Secretary finds the program or the program implementation 
to be deficient, the Secretary may: 

(1) Issue a Notice of Intent to withdraw certification or 

(2) Enter into a program improvement agreement with the CUPA to 
correct the deficiencies. 

(b) A Notice of Intent to withdraw certification shall include specific 
reasons why the CUPA has failed to meet its obligations, in accordance 
with section 25404.4 of the Health and Safety Code, to adequately imple- 
ment the Unified Program within its jurisdiction. 

( 1 ) A period of 60 days shall be allowed for the CUPA to respond to 
the Notice of Intent to withdraw certification and to correct deficiencies. 

(2) A public hearing may be scheduled, at which the Secretary may 
hear the CUPA's response to the Notice of Intent to withdraw. 

(c) If a city or JPA certified as a CUPA and implementing the Unified 
Program within a city desires to withdraw as a CUPA, it shall give 180 
days nofice to the Secretary and to the county within which the city is lo- 
cated or to the JPA with which the county has an agreement to implement 
the Unified Program prior to withdrawing from its Unified Program obli- 
gations. A successor CUPA will be chosen in accordance with the provi- 
sions of section 25404.3(f) of the Health and Safety Code. 

NOTK: Authority cited: Secfions 25404, 25404(b), 25404.3(g) and 25404.6(c), 
Health and Safety Code. Reference: Sections 25404.3(g) and 25404.4(a), Health 
and Safety Code. 

History 

1 . New section and Appendices A-C filed 1 1-14-94 as an emergency; operative 
11-14-94 (Register 94, No. 46). A Certificate of Compliance must be trans- 
mitted to OAL by 3-20-95 or emergency language will be repealed by opera- 
tion of law on the following day. 

2. New section and Appendices A-C refiled 3-7-95 as an emergency; operative 
3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted 
to OAL by 7-5-95 or emergency language will be repealed by operation of law 
on the following day. 

3. New section and Appendices A-C refiled 7-7-95; operative 7-7-95 (Register 
95, No. 27). A Certificate of Compliance must be transmitted to OAL by 
1 1 -4-95 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

4. New section and Appendices A-C refiled 1 1-3-95 as an emergency; operative 
1 1 -3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted 



to OAL by 3-2-96 or emergency language will be repealed by operation of law 
on the following day. 

5. Certificate of Compliance as to 1 1-14-94 order including amendment of sub- 
section (c), repealer of Appendices A-C and new Appendices A-B and Tables 
1-8 transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5). 

6. Relocation and amendment of appendices A and B to new section 15620 filed 
1-8-99 as an emergency; operative 1-8-99 (Register 99. No. 2). A Certificate 
of Compliance must be transmitted to OAL by 5-10-99 or emergency language 
will be repealed by operation of law on the following day. 

7. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

8. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007. No. 15). 



Article 8. Performance Evaluations 



§ 1 5330. Evaluation of CUPAs and PA's. 

(a) The Secretary shall evaluate a CUPA's implementation of the re- 
quirements of Health and Safety Code chapter 6.1 1 and California Code 
of Regulations, title 27, chapter 1 at least once every three years. The Sec- 
retary shall coordinate the evaluation of a CUPA with all state agencies 
with Unified Program responsibilities. 

(1) The annual self-auditing and reporting requirements pursuant to 
sections 15280 and 15290 and the specific performance standards estab- 
lished in regulation by the Secretary or the state agencies responsible for 
one or more of the program elements shall be used for the evaluation of 
the CUPA. 

(2) Nothing in this section shall limit the authority of the Secretary to 
request records or documents for use in conducting the state performance 
evaluation that are normally maintained by the CUPA in the course of im- 
plementing the Unified Program or otherwise required by law to be re- 
tained by the CUPA. 

(3) For an agency authorized to continue its role, responsibilities, and 
authority for a program element or elements pursuant to Health and Safe- 
ty Code sections 25404.3(f) or 25533(0, the performance evaluation 
shall only cover the program element or elements that particular agency 
is authorized to confinue to operate. 

(b) The CUPA shall evaluate its PA's on an annual basis at the time 
of the self-audit pursuant to section 15280, or as necessary to maintain 
standards required in Health and Safety Code chapter 6.1 1, the statutes 
governing specific program elements, and the specific performance stan- 
dards established in regulation by the Secretary or the state agencies re- 
sponsible for overseeing one or more of the program elements. 

( 1 ) A PA that ceases to meet minimum qualifications or fails to imple- 
ment its program element(s) as described in the Unified Program applica- 
tion approved by the Secretary at any time during the term of its agree- 
ment with the CUPA shall enter into a program improvement agreement 
with the CUPA. The program improvement agreement shall specify the 
areas of improvement, minimum accomplishments necessary, and time 
frames that shall be met. 

(A) Tlie CUPA may apply to the Secretary, in accordance with section 
15300, for approval to replace a PA that fails to perform according to the 
program improvement agreement. 

NOTE: Authoritv cited: Sections 25404(b) and 25404.6(c), Health and Safety 
Code. Reference: Secfions 25143.10, 25144.6, 25200.3, 25201, 25201.5, 
25201.13. 25201.14, 25286, 25287, 25404.2(c), 25404.3(d), 25404.4(a)(1) and 
25506. Health and Safety Code. 

History 

1 . New article 8 (section 1 5330) and section filed 1 -8-99 as an emergency; opera- 
tive 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be trans- 
mitted to OAL by 5-10-99 or emergency language will be repealed by opera- 
tion of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order, including amendment of subsec- 
tion (a)(3) and repealer of subsection (c), transmitted to OAL 4-2-99 and filed 
5-14-99 (Register 99, No. 20). 

3. Amendment of article 8 heading, secfion heading and section filed 4-13-2007; 
operative 5-13-2007 (Register 2007, No. 15). 

4. Change without regulatory effect amending section heading and subsecfions (a) 
and (b) filed 3-2 1 -2008 pursuant to section 1 00, fitle 1 , California Code of Reg- 
ulations (Register 2008, No. 12). 



Page 420 



Register 2008, No. 12; 3-21-2008 



Title 27 



General Functions and Responsibilities 



§ 15400.1 



Article 9. Unified Program Standardized 
Forms and Formats 

§ 15400. Unified Program Consolidated Form. 

(a) The UPCF. defined in section 15110 and shown in division 3. sub- 
division 1 . chapter 6, forms, is a standardized set of forms to be used by 
CUPAs in the Unified Program to collect information from regulated 
businesses. The UPCF is a single, comprehensive format that consoli- 
dates biisiness-to-CUPA reporting requirements within the Unified Pro- 
gram. 

(b) The UPCF may be reproduced or electronically duplicated as need- 
ed. 

NOTE: Authority cited: Sections 25404(b). (c). (d). and (e)and 25404.6(c). Health 
and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 
25201, 2.5201 .4. 1. 25201 .5. 25201 . 1 3, 25281 .2, 252 18.9, 25245.4, 25286, 25287, 
25503.5. 25505, 25506 and 25.509, Health and Safety Code. 

Hkstory 

1 . New article 9 (sections 15400-1 541 0) and section tiled 1-8-99 as an emergen- 
cy; operative 1 -8-99 (Register 99. No. 2). A Certificate of Compliance must be 
transmitted to OAL by 5-10-99 or emergency language will be repealed by op- 
eration of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed .5-14-99 (Register 99, No. 20). 

3. Amendment ofsubsection (a) filed 1 1-16-2004: operative 12-1 6-2004 (Regis- 
ter 2004. No. 47). 

4. Amendment of section heading and subsection (a) filed 4-13-2007; operative 
.5-13-2007 (Register 2007, No. 15). 

§ 1 5400.1 . Format of the UPCF and its Required Elements. 

(a) The format of the UPCF refers to the way it is organized [see figure 
5]. The UPCF contains the following sections: 

( 1 ) Facility Information, to be completed by all regulated businesses: 
(A) Business Activities 



(B) Business Owner/Operator identification 

(2) Hazardous Materials: 

(A) Hazardous Materials Inventory-Chemical Description 

(3) Tanks: 

(A) UST Operating Permit Application Facility Information 

(B) UST Operating Permit Application Tank Information 

(C) UST Certification of Installation/Modification 

(D) UST Monitoring Plan 

(4) Hazardous Waste 

(A) Recyclable Materials Report 

(B) Onsite Hazardous Waste Treatment Notification-Facility 

(C) Onsite Hazardous Waste Treatment Notification-Unit 

(D) Certification of Financial Assurance for PBR and Conditionally 
Authorized Onsite Treaters 

(E) Remote Waste Consolidation Site Annual Notification 

(F) Hazardous Waste Tank Closure Certification 

(b) Regulated businesses shall report required elements that are appli- 
cable to their business to the CUPA by submitting the sections of the 
UPCF, a business-generated facsimile, or an alternative version devel- 
oped by their CUPA. 

NOTE: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c). Health 
and Safety Code. Reference: Sections 25143.10, 25144.6. 25200.3. 25200.14. 
25201. 25201.4.1, 25201.5, 25201. f3. 25218.2. 2.5218.9, 25245.4. 25286. 25287. 
25503.5, 25505, 25506 and 25509, Health and Safety Code. 

History 

1 . New section and figure 5 filed 1 -8-99 as an emergency ; operative 1 -8-99 ( Reg- 
ister 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 
5-10-99 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed -5-14-99 (Register 99, No. 20). 

3. Amendment of section heading and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. 15). 

4. Amendment of subsections (a)(3)(A)-(a)(3)(C) and new subsection (a)(3)(l)) 
filed 12-18-2007; operative 1-17-2008 (Register 2007. No. 51). 



Page 421 



Register 2008, No. 12; 3-21 -2008 



§ 15400.2 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Figure 5: Unified Program Consolidated Form 







Recyclable Materials Report, Onsite Hazardous Waste Treatment 
Notification- Facility & Unit, Certification of Financia) Assurance, 
Remote Waste Consolidation Site Annual Notification, HW Tank 
Closure Certification 



UST Facility, UST Tank. UST Installation- 
Certificate of Compliance 



Hazardous Materials 

Inventory-Chemical 

Description 



Business Activities, 

Owner/Operator 

Identification 




Section 4 

Hazardous 

Waste 



Section 3 
Tanks 



H 



Section 2 

Hazardous 

Materials 



Section 1 

Facility 

Information 



H&SC.Ch.6.5 

specify information 
in these pages. 



H&SC.Ch.6.67 and Title 23 
Specify information included 
in these pages. 



Title 19 and H&SC. Ch.6.9S. specify information included 
in this page. 



Title 19 Title 22. Title 23 & 
Title 27 and related 
^ statutes specify information 
included in these pages. 



§ 15400.2. What Is the relationship between the UPCF and 
the forms previously adopted by State 
departments for the individual program 
elements? [Repealed] 

NOTE: Authority cited: Sections 25404(b). (c), (d), and (e) and 25404.6(c), Health 
and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 
25201, 25201.4.1, 25201.5, 25201.13, 25201.14, 25218.2, 25218.9, 25245.4, 
25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code. 

History 

1 . New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or 
emergency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

3. Repealer filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15). 



4. Change without regulatory effect amending section heading filed 3-21-2008 
pursuant to section 100, title I, California Code of Regulations (Register 2008, 

No. 12). 

§ 15400.3. Use the UPCF and Alternative Versions. 

(a) The CUPA shall distribute copies of the UPCF to any regulated 
business or member of the public upon request. A CUPA may add the 
name of the CUPA, a logo, and address, phone number, and other identi- 
fying information to the UPCF title or footer on one or more pages, with- 
out the customized UPCF being considered an alternative version subject 
to the conditions adopted by this section. 

(b) The CUPA shall accept the UPCF as shown in division 3, subdivi- 
sion 1, chapter 6, forms, from any regulated business that chooses to use 
it, even if the CUPA adopts one or more alternative versions of the UPCF. 



Page 422 



Register 2008, No. 12; 3-21-2008 



Title 27 



General Functions and Responsibilities 



§15610 



• 



NOTE; Authority cited: Sections 234()4(b), (c), (d). and (e) and 25404.6(c), Health 
and Safety Code. Reference: Sections 25503. -S(a) and (b)(1) and (2), 25505 and 
25509. Health and Safety Code. 

History 

1 . New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or 
emergency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order, including amendment of subsec- 
tion (c)(6), transmitted to OAL 4-2-99 and filed 5-1 4-99 (Register 99, No. 20). 

.^.Amendment of subsection (b) tiled 1 1-1 6-2004: operative 12-16-2004(Regis- 
ter2()04. No. 47). 

4. Amendment of section heading and section filed 4-1.3-2007; operative 
5-1.V2007 (Register 2007, No. 15). 

§ 15400.4. CUPA-Required Additional Information. 

(a) CUPAs shall collect additiorial local information on either supple- 
mental pages or within the UPCF in the boxes provided on the Business 
Owner/Operator Identification page and the Hazardous Materials Inven- 
tory-Chemical Description page. 

(b) CUPAs that have created one or more alternative versions of the 
UPCF [refer to § 15400.3(c)] may add supplemental requests for infor- 
mation within the alternative version, to the extent space is available. 

(c) CUPAs are prohibited from requesting duplicative information in 

a different format if that information is part of the data dictionary, the 

UPCF. or that CUPA's alternative version of the UPCF. 

NOTE; Authority cited: Sections 2.5404(b), (c), (d), and (e) and 2.5404.6(c), Health 
and Safety Code. Reference: Sections 25503.3(a) and 25505, Health and Safety 
Code. 

History 

1 . New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or 
emergency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

3. Amendment of section heading and section filed 4-13-2007; operative 
5-L1-2007 (Register 2007. No. 15). 

§ 15410. What forms must be used by Household 

Hazardous Waste facilities regulated under the 
Unified Program? 

Reserved — under development by Cal/EPA the Department of Toxic 
Substances Control 



Article 10. Business Reporting to CUPAs 

§ 15600. Required Business-to-CUPA Submission. 

(a) A copy of the Business Activities Page and Business Owner/Oper- 
ator Page shall be submitted with every submission of pages of the UPCF. 

(b) Regulated businesses are required to meet the reporting require- 
ments of any applicable program element of the Unified Program. Many 
of those reporting requirements are satisfied by completing sections of 
either the UPCF, an altemafive version [refer to § 15400.3]. or a comput- 
er-generated facsimile. 

(c) Businesses may report to the CUPA electronically, if the CUPA 
agrees [refer to §§ 15185(g) and (h) and 15188(d)]. 

NOTE; Authority cited: Sections 25404(b). (c). (d). and (e) and 25404.6(c), Health 
and Safety Code. Reference: Sections 25143.10. 25144.6, 25200.3, 25200.14, 



25201 , 25201 .4. 1 , 2.5201 .5, 25201 . 1 3, 2521 8.2, 252 1 8.9, 25245.4. 25286, 25287. 
25503.5, 25505, 25506 and 25509. Health and Safety Code. 

History 
I. New article 10(sections 1 5600- 1 5()20) and section filed 1-8-99 as an emergen- 
cy; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be 
transmitted to OAL by .5-1 0-99 or emergency language will be repealed by op- 
eration of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed .5-14-99 (Register 99, No. 20). 

3. Amendment of section heading and section filed 4-13-2007; operative 
5-1.3-2007 (Register 2007, No. 15). 

4. Change without regulatory effect amending subsection (b) filed 3-2 1 -2008 pur- 
suant losection 100, title 1, California Code of Regulations (Reaister2(X)8. No. 
12). 

§ 1 561 0. Use of UPCF and Business-Generated 
Facsimiles. 

(a) Regulated businesses shall use either the applicable sections of the 
UPCF or a business-generated alternative version of the UPCF. 

(b) A facsimile of the UPCF shall meet the following specifications: 

(1) It shall contain all the information required on the UPCF and de- 
fined by the data dictionary for those regulated businesses. It shall use the 
same section format and present the required information in the order and 
general sequencing on the page as shown on the UPCF. The facsimile 
form shall be printed on 8 1/2 by 1 1-inch paper in 'portrait" format. It 
shall retain all labels and idenfifiers for the UPCF sections, pages, and 
subdivisions. Current page breaks shall be maintained, although a page 
for supplemental local information may be added between UPCF page 
breaks. 

(2) It is not required to be an exact copy or to use identical fonts, box- 
ing, shading, or other graphic design elements of the UPCF. 

(c) The CUPA shall determine if business-generated facsimiles com- 
ply with the requirements of subdivision (b). The CUPA may also allow 
businesses to submit facsimiles of their alternative versions of the UPCF. 

(d) To the extent not prohibited by law. the CUPA may assist busi- 
nesses to revise their information by providing copies of completed re- 
ports based on previous submittals. These reports shall be in the general 
format of the UPCF or the alternative version. A business that revises, 
certifies, and returns this report to the CUPA satisfies the requirements 
to complete the appropriate sections of the UPCF. Regulated businesses 
are not required to use these CUPA-generated reports and have the op- 
tion to submit updated information using the UPCF or a facsimile. 

(e) To the extent not prohibited by law, a business subject to the haz- 
ardous materials reporting requirements may comply with the annual in- 
ventory reporting requirement by submitting a certification statement to 
the CUPA if both of the following apply: 

(1) The business has previously filed the appropriate pages of the 
UPCF or an alternative version; and 

(2) The business owner or officially designated representative signs 
and attests to these statements: 

(A) The information contained in the annual inventory form most re- 
cently submitted to the CUPA is complete, accurate, and up to date. 

(B) There has been no change in the quantity of any hazardous material 
as reported in the most recently submitted annual inventory form. 

(C) No hazardous materials subject to the inventory requirements are 
being handled that are not listed on the most recently submitted annual 
inventory form. 



[The next page is 423. 



Page 422.1 



Register 2008, No. 12; 3-21-2008 



Title 27 



General Functions and Responsibilities 



§ 15620 



(I)) The most recently submitted annual inventory form contains the 
information required by section 1 1022 of title 42 of the United States 
Code. 

NOTE; Authority cited: Sections 23404(b), (c). (d). and (e), 25404.6(c) and 
2.'S50.'S(d). Health and Safety Code. Reference: Sections 2.3143.10, 25144.6, 

25200.3. 25200.14. 25201, 25201.4.1. 2.5201.5, 25201.13, 25218.2, 25218.9. 

25245.4, 25286. 25287. 25.501 , 25503.3(b) and (c), 25503.5(c), 25505, 25.506 and 
25509. Health and Safety Code. 

History 

1 . New section filed 1-8-99 as an emergency: operative 1-8-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or 
emergency language will be repealed by operation of law on the following day, 

2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and 
filed .5-14-99 (Register 99, No. 20). 

3. Amendment of section headine and section filed 4-13-2007; operative 
.5-1,3-2007 (Register 2007, No. 15). 

§ 15620. Updated, Amended, Revised, or Resubmitted 
UPCF. 

(a) Regulated businesses shall comply with the established dates or 
events that trigger the requirements for businesses to submit inforination 
required as part of the Unified Program and submitting the appropriate 
sections of the UPCF, the alternative version, or a computer-generated 
facsimile. A CUPA may establish other specific dates for submission of 
information consistent with state and federal law. 



(b) Different parts of the UPCF, the alternative version, or a computer- 
generated facsimile may be submitted separately. Each submission shall 
be accompanied by the Business Owner/Operator Identification page 
and shall be signed with an original signature. The Business Activities 
page shall also be resubmitted whenever any information reported on it 
changes. 

NOTE: Authority cited: Sections 2.5404(b). (c), (d), and (e) and 2.5404.6(c), Health 
and Safety Code. Reference: Sections 25143.10. 25144.6. 2.5200.3. 25200.14. 
25201 , 25201 .4. 1 , 25201 .5, 25201 .13, 252 1 8.2, 252 1 8.9, 25245.4, 25286. 25287, 
25503.5, 25505, 25506 and 25509, Health and Safety Code. 

History 

1. New section, relocation and amendment of appendices A and B from .section 
15320 to new secnon 15620, and new appendices C-E filed 1-8-99 as an emer- 
gency, operative I -8-99 (Register99. No. 2 ). A Certificate of Compliance must 
be transmitted to OAL by 5-10-99 or emergency language will be repealed by 
operanon of law on the following day. 

2. Certificate of Compliance as to 1-8-99 order, including amendment of appen- 
dix B and repealer and new appendices C-E, transmitted to OAL 4-2-99 and 
filed 5-14-99 (Register 99, No. 20). 

3. Relocation and amendment of appendices C-Fto new division 3, subdivision 
1, chapters 1-6. filed 1 1-16-2004: operative 12-16-2004 (Register 2004. No. 
47). 

4. Amendment of secfion headine and section filed 4-13-2007; operative 
5-13-2007 (Register 2007, No. \5). 

5. Amendment of Appendix B (reports 3. 4 and 6) filed 12-18-2(X)7; operative 
1-17-2008 (Register 2007, No. 51). 



• 



Page 423 



Register 2(X)7, No. 51; 12-21 -2007 



§ 15620 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



JURISDICTION NAME: 

CONTACT PERSON NAME: 
ADDRESS: 



Appendix A 

Certified Unified Program Agency (CUPA) 

Application Cover Sheet 

Completeness Checklist 



MAILING ADDRESS (if ditterent): 

DATE OF APPLICATION: 

TELEPHONE NUMBER: 



FACSIMILE NUMBER: 



ITEM 


DESCRIPTION 


CITATION 


PAGE# 


1 


Appendix A\or this checklist 


15150(e)(n 




2 


Demoaraphic Information 


15150(e)(4) 




3 


Applicant Information 


15150 




4 


Implementation History 


15150(e)(16) 




5 


Geographic Scope 


15150(e)(3). (e)(2) 




6 


Structure of CUPA 


15150(e)(5) 




7 


Authorization 


15150(c) 




7A 


Reeulatorv Authority 






7B 


Ordinances & Resolutions 


15150(c)(1) & (2) 




8 


CUPA and PA Issues 


15150(d) 




9 


Unified Program Implementation Plan 


15150(e)(6) 




10 


Consolidated Permit Plan 


15150(e)(10) 




11 


Inspection & Enforcement Plan 


15150(e)(ri) 




12 


Fee Accountability Program 


15150(e)(12) 




12A 


Staff Resource Adequacy 


15170(b)(3)(A-E) 
(b)(4). (b)(5) 




12B 


Budget Adequacy/Annual Funding 


15150(e)(14) 
15170(c) 




12C 


Contents of Fee Accountability Program 
and Cost Calculation Methods 


15170(f) 
15210(b)(1) 




\3 


Single Fee Implementation Plan 


15150(e)(13) 




14 


Reporting & Auditing Requirements 


15150(e)(15) 




15 


Recordkeeping & Cost Accounting Systems 


15150(e)(17) 




16 


Title 22. CCR. Section 66272.10 Compliance 


15150(e)(18) 




17 


Training and Technical Expertise 


15150(e)(7) 
15150(e)(8) 




18 


Additional Programs Elements 


15150(e)(19) 




19 


No Adyerse Impacts/Less 
Fragmentation/Coordination and Consistency 


15150(e)(20) 
15150(e)(21) 




20 


Certifications 


15150(e)(9) 

15150(e)(14) 

15150(e)(15) 




21 


Signature of Authorized Representatiye 


15150(b) 




22 


County Waiyer of Surcharge Assessment 
(Optional) 


HSC 25404.5(d) 






TABLES 






1 


Enumerations/Demographic Information 


15150(e)(4) 




2 


Summary of Program Actiyities 


15150(e)(16) 




3 


Time Allocation of Staff 


15150(e)(14) 
15170(b) 




4 


Training and Technical Expertise 


15150(e)(7) 
15150(e)(8) 




5 


Reporting and Auditing Requirements 






6 


Reporting and Auditing Requirements 






7 


Surcharge Transmittal Report 


15250(b) 




8 


Annual Single Fee Summary Report 


15280(b) 






CHARTS 








Implementation Timeline 


15150(e)(6)(A) 






FIGURE 








Organizational Chart 


15150(e)(5) 





Only one signature will be required for the Certified Unified 
Please see the signature block located in Attachment 2 



Program Agency Application. 
(Certification Sheet). 



Page 424 



Register 2007, No. 51; 12-21-2007 



Title 27 



General Functions and Responsibilities 



§ 15620 



• 



Appendix B 

CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) 
APPLICANT CERTIFICATION 

I hereby certify the following: 

1. 1 have read and understand Sections 15130 and 15150(e)(9). (14) 
and ( 1 5) of Article 3, Chapter 1, Subdivision 4, Division i , Title 27 of the 
California Code of Regulations. 

2. The administrative procedures of the proposed Unified Program, as 
implemented by my agency, will meet the standards described in Section 
15180 of Title 27. CCR. 

3. The Unified Program, as implemented by my agency, will meet the 
reporting requirements as described in Article 6 of Title 27, CCR. 

4. All responsible agencies involved in the implementation of the Uni- 
fied Program, as proposed by this application, have adequate resources 
to carry out the Unified Program. 

5. If I am a non-county entity, that I have notified the county of my 
intent to apply to administer the Unified Program within my jurisdiction. 

6. 1 agree to use state certified laboratories for analysis required under 



the Generator Program by Health and Safety Code Chapter 6.5 (refer to 
Health and Safety Code Section 25198) 

7. The information provided within this application is true to the best 
of my knowledge. 

8. 1 understand that this certification is an integral part of the formal 
application for certification as a Certified Unified Program Agency, and 
that any false statement may be grounds for denial or revocation of the 
Unified Program authorization by the Secretary of the California Envi- 
ronmental Protection Agency. 



Signature of Elected Official or 
Authorized Representative 



Date 



Title 



Jurisdiction 



Jurisdiction 



• 



TABLE 1 
ENUMERATIONS/DEMOGRAPHIC INFORMATION 



PROGRAM 


#OF 
BUSINESSES 

OR #USTs 


MANDATED 
INSPECTION 
^reEQ^NCY^^^ 

at least once 
every 3 years 


APPLICANT 
INSPECTION 


AGENCY 
TO 
^^INSPE^_ 


Total $ of all regulated 
businesses 




UST program 




Total # of USTs 




imH 


SPCC 






HMMP* 










HMRRP 




at least once 
every 3 years 






PBR 




at least once 
every 3 years 






CA 




at least once 
every 3 years 






CE 




at least once 
every 3 years 






RMPP 




at least once 
every 3 years 






Generators 




no 

mandated 

frequency** 







*If the HMMP is fuJJy covered by the HMRRP, leave this row blank. 



**Although the generator program has no mandated inspection frequency, if gen- 
erator inspections are to be incorporated as part of the IJnified Program, their in- 



Page 425 



Register 2007, No. 51; 12-21 -2007 



§ 15620 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



spection frequency should be coordinated with the inspection frequencies of the 

other Unified Program elements. 

Regulatory Citations: Title 27, CCR Section 15150(e)(4) 
Title 27, CCR Section 15170(b)(r) 
Title 27, CCR Section 15200(b) 
Title 27, CCR Section 15200(0(1 )(A-C) 
Title 27, CCR Section 15210(b)(l)(F-H) 
Title 27. CCR Section 15150(e)(16) 
Title 27, CCR Section I5200(b)(l-5) 

(Cal/EPATOl 11/95) 



Example: A business that stores hazardous waste in two underground 
tanks for use in an onsite PBR treatment process. 
This business would count as one (1) regulated business for the "Total 
# of all regulated businesses" block of the chart. This same business 
would count as one (1) regulated business in the Underground Storage 
Tank program (UST program) with a total of two Underground Storage 
Tanks (UST's), one (1) regulated business in the HMRRP. one (1) regu- 
lated business in tlie generator program, and one (1) regulated business 
in the PBR Onsite Hazardous Waste Treatment program. 



Instructions for Table 1 

Fill in the Jurisdiction name that is the reporting applicant agency or 

CUPA. 

Fill out the blank and unshaded boxes. 

# OF BUSINESSES - Number of businesses regulated under each of the 
programs listed. 

MANDATED INSPECTION FREQUENCY - Lists the statutorily re- 
quired minimum inspection frequency. 

APPLICANT INSPECTION FREQUENCY - The inspection frequency 
established by the applicant agency in the Inspection and Enforcement 
Plan. 

AGENCY TO INSPECT - Which internal CUPA department, office, or 
agency will inspect or which external local government (participating 
agency) will inspect. 

Total # of all regulated businesses - Total of all businesses within all reg- 
ulated programs. Do not double count businesses for this total. 



UST program - Underground Storage Tank program 

Total # of USTs - Total number of underground storage tanks that the 
business has onsite. 

SPCC - Spill Prevention Control and Countermeasure Plan. 

HMMP - Hazardous Material Management Plan. 

HMRRP - Hazardous Materials Release Response Plan and Inventory 
Program. 

PBR - Permit-By-Rule Onsite Hazardous Waste Treatment program. 

CA - Conditionally Authorized Onsite Hazardous Waste Treatment pro- 
gram. 

CE - Conditionally Exempt Onsite Hazardous Waste Treatment pro- 
gram. 

RMPP - Risk Management and Prevention Program. 

Generators - Hazardous Waste Generator program. 



• 



Page 426 



Register 2007, No. 51; 12-21 -2007 



Jurisdiction: 



TABLE 2 
SUMMARY OF PROGRAM ACTIVITIES 






FISCAL YEAR 



VQ 





PROGRAM HISTORY 


INSPECTIONS 


ENFORCEMENT ACTIONS TAKEN | 


PROGRAM 


ESTIMATED 

BUDGET FOR THIS 

PROGRAM PVRING 
THE FISCAL YR 
ABOVE (IF 
PROGRAM WAS IN 

PLACE} 


# OF 

ROUTINE 


#0F 

ROUTINE 

COMPLETE? 


f OF 

COMPLAINT 


f OF 
MINOR 

VIOLS 


^OF 

MAJOR 
VIOLS 


INFORMAL 

ACTION/ 

RETPRNEP 

IS 

COMPLIANCE 


ADMIN 


CIVIL 


CRIMINAL 


TOTAL 

PENALTIES 

ASSESSED 


TOTAL 

PENALTIES 

£&Lk££IEA 


HH^B '" 










PLACE 

ABOVE 
LISCAL 
IB2 
(T/N) 


ELMNEQ 


EOMpLETEP 


UST 




























§PCC 




























HMMP 




























tllPPP 




























PBR 




























£A 




























££ 




























PMPP 




























QEIOMQR 





















































































o 

s 



c 

3 



ti 
3 

a. 

JC 
re 

o 
s 



Regulatory Citations: 

Title 27 CCR Section 15280(a)(2). Title 27 CCR Sections 1515()(e)(16)(B) 



(Cal/EPAT()2 1 1/95) 






§ 15620 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Instructions for Table 2 

Fill in tile Jurisdiction name that is the reporting applicant agency or 

CUPA. 

Fill in the fiscal year that the Table is used for. 

Fill out the blank and unshaded boxes. 

See instructions for Table 1 for definitions of program abbreviations. 

PROGRAM HISTORY: 

PROGRAM IN PLACE IN ABOVE FISCAL YR? (Y/N) - Insert yes or 

no as appropriate. 

ESTIMATED BUDGET FOR THIS PROGRAM DURING THE FIS- 
CAL YR ABOVE (IF PROGRAM WAS IN PLACE) - Give the dollar 
amount of the estimated budget or the actual budget. 

INSPECTIONS: 

# OF ROUTINE PLANNED - Number of routine inspections planned 
in the fiscal year noted. 

# OF ROUTINE COMPLETED - Number of routine inspections Com- 
pleted in the fiscal year noted. 

# OF COMPLAINT COMPLETED - Number of complaint inspections 
completed in the fiscal year noted. 



# OF MINOR VIOLS - Number of minor violations in the fiscal year 
noted. 

# OF MAJOR VIOL - Number of major violations in the fiscal year 
noted. 

ENFORCEMENT ACTIONS TAKEN: 

INFORMAL ACTION/RETURNED TO COMPLIANCE-The number 

of informal enforcement actions or return to compliance actions taken 
during the fiscal year noted. 

ADMIN - The number of administrative enforcement actions taken dur- 
ing the fiscal year noted. 

CIVIL - The number of civil enforcement actions taken during the fiscal 
year noted. 

CRIMINAL -The number of criminal enforcement actions taken during 
the fiscal year noted. 

TOTAL PENALTIES ASSESSED -The total dollar amount of penalties 
assessed in the fiscal year noted. 

TOTAL PENALTIES COLLECTED - The total dollar amount of penal- 
ties collected in the fiscal year noted. 



Jurisdiction: 



TIME ALLOCATION OF STAFF 



■ 


§91 

inspwt- 

/vr *5k 
1 beiQH 


hrf/ 


tQt. 

{hrs/Yf} 


enforce- 

irents /yr 
• 5e« 2 


hrs/ 
enf?rf?- 


«nf9rc?- 

ment 

(hrs/yrJ 


p?r"iit/ 
vr 


hr?/ 
p?riiiit 


(hrs 

/YD 


inas 

IXL 
below 


hrs/ 
xrain- 

iD9 


traiQ- 
thr?/ 


tot. 

maoaa 

e-riat 
below 


amsr 
imll- 


USI 






























SPEC 






























MHP 






























HHRRP 






























£B8 






























a 






























EE 






























RfiPP 






























C^N^It 








^ 






^ 


^ 




^ 










Tom_ 















The following are guidelines/definifions to be used in determining time allocauons: 

1. Inspection: inspections travel, research, analysis of findings, documentation, warnings and notices 

2. Enforcement: includes warnings, notices, meetings, hearings, legal proceedings and documentation 

3. Permit activities: includes application review, modificafion, revision and evaluafion 

4. Training: includes field, meefing, seminars, workshops, courses and literature reviews 

5. Management: includes day-to-day scheduling and supervision 



Regulatory Citations 



Title 27 CCR Sections 15170(b)(3)(A-E) 
Title 27 CCR Sections 15170(b)(4) 
Tide 27 CCR Sections 15170(b)(5) 
Title 27 CCR Sections 15150(e)(14) 



Page 428 



(Cal/EPA T03 1 1/95) 

Register 2007, No. 51; 12-21-2007 



Title 27 



General Functions and Responsibilities 



§ 15620 



Jurisdiction 



TABLE 4 
TRAINING AND EXPERTISE 





Please indicate tiie number of staff with experience 
related to any/all procram elements: 


Job Title 


0-2 
years 


3-5 
years 


6-9 
years 


10+ 
years 





























































































It is suggested that all job titles in the first column of the table be provided in the following format for each applicable program element: 

Program element, staff level 
Example: UST, Supervisor(s) 
Generator, Field Staff 



See instructions for Table 1 for program abbreviations. 



(Cal/EPAT04 11/95) 



Page 429 



Register 2007, No. 51; 12-21 -2007 



§ 15620 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Date Submitted: 
Check Number:_ 
Completed by:_ 



Fiscal Year: 
Telephone Number: ( ) 



CUPA: 



Report 1 

SURCHARGE TRANSMITTAL REPORT 

27 CCR§ 15250 




Total Amount of Surcharge 
Remitted 


CUPA OVERSIGHT 




UNDERGROUND 
STORAGE TANKS 




CALARP 




TOTALS 





Page 430 



Register 2007, No. 51; 12-21-2007 






Report 2 
Completed By: 




ANNUAL SINGLF 

27 


: FEE SUMMARY REPORT 

CCR§ 15290 

Telephone Number: ( ) 
CUPA: 


Date Submitted: 






Fiscal Year: 














Tola! amount of 
single fee billed 


Total amount of single 
fee waived 


Total amount of single fee 
collected 






SINGLE FEE 














Amount of single 
fee billed for PAs 


Total amount of single 
fee collected for Pas 


Total amount of single fee 
remitted for Pas 


Total amount of single 
fee still owed Pas 




PARTICIPATING AGENCIES 












SURCHARGE 


Total amount of 
surcharge billed 


Total amount of 
surcharge waived 


Surcharge collected 


Total collections remitted 
to State 


Total Amount owed to Slate 


CUPA Oversighi 












CalARP 












UST 












SURCHARGE TOTALS 













ImWSklSmM^U^^ 


Total Regulated Businesses* 




Underground Storage Tanks 




Underground Storage Tank 
Facilities 




Permit by Rule 




Conditional Authorization 




Conditional Exemption 




CalARP Program - Total 
Stationary Sources 




Total Businesses Subject to 
CalARP Program Surcharge 




Total Stationary Sources Granted 
a RMP Waiver Determination 





* The Report 2 counts of regulated businesses should be consistent with the counts shown on Report 3 



tsi 



Report 3 

Completed By: 
Fiscal Year: 



(print name) 



UNIFIED PROGRAM 

ANNUAL INSPECTION SUMMARY REPORT 

27CCR§ 15290 ^ ^ , . , 
Date Submitted: 

CUPAName: 



Telephone Number: / \ 






^.t'f 



*-!'!» 






PROGRAM ELEMENTS 



1 

No. of Regulated 
Businesses in each 
Program Element 



No. of Regulated 
Businesses Inspected in 
each Program Element 



Number of Routine 
Inspections 



% of Routine Inspections 
w/CIass 1 or II violation 
tfiat RTC w/in 90 Days 



Number of Other inspections 



t 



Hazardous Materials Release Response Plans (HMRRP) 



California Accidental Release Prevention (CalARP) 



Underground Storage Tank (UST) Facilities 



Aboveground Petroleum Storage Tank (AST) Facilities 



Hazardous Waste Generators 



iMi:B;-:mi 



JjSiJ::- ..:>;%ig^ 






Generators (ALL) 



RCRA Large Quantity Generators 



Onsite Hazardous Waste Treatment 
(PER, CA, CE) 



Household HW(HHW) 



UPCF rev. (12/2007) 



Report 4 

Completed By: 
Fiscal Year: 



(print name) 



UNIFIED PROGRAM 

ANNUAL ENFORCEMENT SUMMARY REPORT 

27CCR§ 15290 ^ „ , . . 
Date Submitted: 

CUPA Name: 



--4 



Telephone Number: j^ \ 



VIOLATIONS INFORMATION 



ENFORCEMENT ACTIONS TAKEN 



PROGRAM 
ELEMENTS 



Number of Facilities with Violation Type 



Class I 



Class II 



Minor 



No. of 

Informal 

Actions 



No. of Formal 
Actions 



Number 
of Local 
AEOs 



Total 
Number 
of AEOs 



AEOs 

Issued 

within 

240 

Days 



Number of Civil/Criminal 
Referrals 



Total 
Number 



Referred 
within 360 
Days 



Cash 

Fines/Penalties 

Imposed 



Value of 
SEP 

Penalties 
Imposed 



O 
n 
3 
n 

E. 

e 

3 



o 

3 

C/5 
&9 

3 

a. 

73 
re 

TS 
O 
3 



Hazardous Materials 
Release Response 
Plans (HMRRP) 



California 
Accidental Release 
Prevention 
(CalARP) 



Underground 
Storage Tank (UST) 
Facilities 



Aboveground 
Petroleum Storage 
Tank (AST) 
Facilities 






mMiSi ^ 



Hazardous Waste 
Generators 






fljifife 



Generators (ALL) 



RCRA Large 
Quantity 
Generators 
(LQG) 



Hazardous 
Waste 
Treatment 
(PBR, CA, CE) 



Household 
Hazardous Waste 
(HHW) 



Recyclers 



UPCF rev. (12/2007) 



OS 



era 
n 

t 



Report 5 

Completed By: _ 
Fiscal Year: 




BIENNIAL TIERE 

27CCR§1 


D PERMITTING REL 

5290 and HSC§ 25171 

CUPA: 


EASE REPORT 

5(a)(2) 

Date Submitted: 


' 


















1 

EPA ID# 


2 

Facility Name 

Facility Address 


3 

Highest Tier/ 
Type of Facility 
(PBR, CA, CE) 


4 

Date of 
Release 


5 

Description of Release 


6 

Corrective Action 

Completed? (y/n) 




























































































(add additional rows as needed) 







Title 27 



General Functions and Responsibilities 



§ 15620 



UNIFIED PROGRAM REPORT 6 (Side One) 

SEMI-ANNUAL UNDERGROUND STORAGE TANK (UST) PROGRAM REPORT 
27 OCR §15290 and 23 CCR § 2713 



: A(,K\{:\ unn: 




REPORT FOR (Reportdia Perwai. "^ ear) 




\U NCV NAME 


\l>l)Rr.SS 


(in M AM-,. /,H' 


l*LK^O> COMPII 


TING FORM 






f'HOM. M MBFR 



t.MAiL ADDRILSS 



STATUS OR ACTIVITY 



1. Regulated facilities vMh UST systems 
2 Active Petroleum UST systems 



Active Non-petroieum UST systems 



4. UST facslitv mspections 



Column A (1) 
Total number as 

of previous 
reporting period i 



a Faciiities in compliance v/ith release detection requirements only 



b Facilities in compliance with release prevention requirements only 



Facilities in compliance with both release detection and release 
prevention requirements 



d. Facilities with one or more violations of both release detection and 
release prevention requirements 



Column B 

Number of new 

facilities or 

systems this 

reporting period 



Column C 
Number of facilities 

or systems 

permanently closed 

this reporting 

period 



Total pumber this; 
iTepoitirjg period 



1 If you havo any corrections to numbers in Column A, please explain here: + 

(i.e. item \: -2 \2 facil ities c/osed] } 



RED TAG 



There were no Red Tags issued during this reporting period. 



To Report Red Tag InformatJon - please use other side of this form or 
use Side Two of this form if responding electronically. 



Kt-VOKl 



Page 435 



Register 2007, No. 51; 12-21-2007 



§ 15620 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



UNIFIED PROGRAM REPORT 6 (Side Two) 



A(:;i.Nr\ ("ODr 



Ri:i'()R r K)R (Rtportinfj Period, Vear) 



5. Number of red fags issued for significant violations 



Specific information regarding red tags issued. Please insert below tne requested information for each facility recerving a 

red tag this reporting period. {Please note: the Name entry cell below will wrap text so just use commas between name, street, etc, do not 
hit enter) 



a, Facility^NajjLeS Addre^^ i&ifei^jOit^^iM^,„XJhR^A.J3Sl. .„|_.c^OateAHrxed [.__d^..Date Remjoyed __]_e, S^^^^^ 



Tank Owner Name 



Tank Operator Name 



a. Facility Name & Add ress {Street, Cit^,', Zip) \ b. Red Tag # c. Date Affixed 



II 



d. Date Removed 



Tank Owner Name 



Tank Operator Namg 



a. Facility Name & Address lstrMi^..City, Zip) _ _ j--^--— — -9-^ I c. Date Affixed d. Date Removed 



■Center 1,2, or 3) 



..,^.: S !anJEpJ.!r!.f,..M..l?l§t'.'Sfi,.-.. 



:|ent6r3,2,or3) 



Tank Owner Name 



Tank Operator Name 



.a;.£§?iU£L!!i^„ffl6..&.M.!c!ress IStreet, City. Zip) [ b. Red Tag # f„c._Dafe|. Affixed ,..j..„d:...Pate_Rem,oved_ 



.:f.^..Sj.g.n|flc3^t3/loJatior]i_ 



::|eiiter;t,::2j:«jf 3) ^ 



e. Sianificamt Wolation 



Tank Owner Name 



Tank Operator Name 



:ientef:1V;'2;jOf:3|^: 



2. SIGNIFICANT VIOLATION NUMBER ENTERED !S FOR REASON BELOW 

1. liquid release 2. impair leak detection 3. chronic/recalcitrant owner/operator 



Red Tag information Contact Person (if different from person completing form on Side One) 



Name, phone number, and email address 



REPORT 



ll'IiiO' 



Page 436 



Register 2007, No. 51; 12-21-2007 



Title 27 



General Functions and Responsibilities 



§ 16150 



Article 8. Unified Agency Review of 
Hazardous l\/laterials Release Sites 

§16100. Applicability. 

Note, Authority cited: Section 25261, Health and Safety Code. Reference: Sec- 
tion 23261, Health and Safety Code. 

History 

1. New article 8 (sections 16100-161.S0) and section filed 12-1 1-98 as an emer- 
gency; operative 12-1 1-98 (Register 98, No. 50). A Certificate ofCompliance 
must be transmitted to OAL by .^-10-99 or emergency language will be re- 
pealed by operation ol law on the following day. 

2. Repealer of article 8 (sections 16100-16150) and section by operation of Gov- 
ernment Code section 1 1346.1(g) (Register 2000, No. 20). 

§ 16110. General Provisions. 

NOTE: Authority cited; Section 25261, Health and Safety Code. Reference: Sec- 
lion 25264, Health and Safety Code. 

History 

1. New section filed 12-1 1-98 as an emergency: operative 12-1 1-98 (Register 98, 
No. 50). A Certificate ofCompliance must be transmitted to OAL by 3-10-99 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 2000, 
No. 20). 

§16120. Definitions. 

NoTE: Authority cited: Section 25261, Health and Safety Code. Reference: Sec- 
tions 25261, 25264 and 25265, Health and Safety Code. 

History 
1. New section filed 12-1 1 -98 as an emergency; operative 12-1 1-98 (Register 98, 
No. 50). A Certificate ofCompliance must be transmitted to OAL by 3-10-99 
or emergency language will be repealed by operation of law on the following 
day. 



2. Repealed by operation of Government Code section 1 1 .346. Kg) (Register 2000, 
No. 20). 

§16130. Designation of Lead Agency. 

NOTE; Authority cited: Section 25261, Health and Safety Code. Reference: Sec- 
tions 25262 and 25267, Health and Safety Code. 

History 

1. New section filed 12-1 1-98 as an emergency; operative 12-1 1-98 (Register 98. 
No. 50). A Certificate ofCompliance must be transmitted to OAL by 3-10-99 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (c) (Register 2()(K), 
No. 20). 

§ 16140. Determination of Administering Agency 
Qualification. 

NOTE: Authority cited: Section 25261, Health and Safety Code. Reference: Sec- 
tion 25262, Health and Safety Code. 

History 

1. New section filed 12-1 l-98asanemergency;operative 12-1 1-98 (Register 98, 
No. 50). A Certificate ofCompliance must be transmitted to OAL by 3-10-99 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346. 1(g) (Register 2000, 
No. 20). 

§16150. Site Certification. 

NOTE: Authority cited: Section 25261, Health and Safety Code. Reference: Sec- 
tions 25264 and 25265, Health and Safety Code. 

History 

1 . New section filed 12-11 -98 as an emergency; operative 12-11 -98 ( Register 98, 
No. 50). A Certificate ofCompliance must be transmitted to OAL by 3-10-99 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2000, 
No. 20). 



* * 



Page 437 



Register 2007, No. 51; 12-21 -2007 



.A. 



Barclays Official 

California 

Code of 
Regulations 



Title 27. Environmental Protection 

Division 2. Solid Waste 



Vol. 37 



XHOIVISOIM 

* 

\AAEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 27 



Soild Waste 



Table of Contents 



Division 2. Solid Waste 



Table of Contents 



Page 



Page 



Chapter 1 . General 60i 

Article 1 . Purpose. Scope and 

Applicability of this 

Subdivision 601 

§ 20005. CIWMB— Purpose Scope and 

Applicability of CIWMB Standards. 

(T14:§17601) 
§ 20010. Statutory Mandate, (non-regulatory) 

[Reserved] 
S 2001 2. SWRCB— Reliance Upon CIWMB 

Requirements, (new) 
§ 20014. CIWMB— Reliance Upon SWRCB 

Requirements, (new) 
§ 20020. How to Use Combined Regulations. 

(non-regulatory) [Reserved] 
§ 20030. CIWMB— Authority. (Ti4:§17200) 

§ 20040. CIWMB— Compliance with Laws 

and Regulations. (TI4:§17201) 
§ 20050. CIWMB— Purpose, Intent. 

(TI4:§17202-17203) 
§ 20060. CIWMB— Applicability of Federal 

Subtitle D Related Standards to 

Small Landfills. (T14: portions of 

§17258.1) 
§ 20070. Combined CIWMB and SWRCB 

Federal Subtitle D Research, 

Development, and Demonstration 

Permits. 
§ 20080. SWRCB— General Requirements. 

(C15: §2510) 
§ 20090. SWRCB— Exemptions. (C15: 

§2511) 
§ 20100. [Reserved by SWRCB.] 

§ 201 1 0. [Reserved by SWRCB.] 

§ 20120. [Reserved by SWRCB.] 

§ 20130. [Reserved by SWRCB.] 

§ 20140. [Reserved by SWRCB.] 

Chapter 2. Definitions 604 



Article 1. 

§20150. 

§20163. 

Article 2. 

§20164. 



Statutory Definitions 604 

CIWMB— General. (T14:§17225, 

17258.2) 

SWRCB — Statutory Definitions. 

(CI 5: §2600) 

Specific Definitions 604 

Combmed CIWMB & SWRCB 
Technical Definitions. [CIWMB 

T14:§17225.1- 17225.74, §17258.2, 
17761.18200.1, 18251, 18011. 
18231, 18281// SWRCB C15: 
§2601] 



Chapter 3. 



Criteria for All Waste 

IVlanagement Units, Facilities, 

and Disposal Sites 611 

Subchapter i . General 61 1 

Article 1. CIWIVIB— General 611 



§ 201 80. CIWMB— Owner and Operator. 

(TI4:§ 17602) 
§ 201 82. CIWMB— Change of Ownership. 

(TI4:§17603) 

Subchapter 2. Siting and Design 61 1 

Article 1. [Reserved by SWRCB J 611 

Article 2. SWRCB— Waste Classification 

and Management 6ii 

§ 20200. SWRCB— Applicability and 

Classification Criteria. (C15: 

§2520) 
§ 20210. SWRCB— Designated Waste. (CI5: 

§2522) 
§ 20220. SWRCB— Nonhazardous Solid 

Waste. (CI5: §2523) 
§ 20230. SWRCB— Inert Waste. (CI 5: 

§2524) 

Article 3. Waste IVIanagement Unit, 
Facility, or Disposal Site 
Classification and Siting 613 

§ 20240. SWRCB— Classification and Siting 

Criteria. (CI5: §2530) 
§ 20250. SWRCB— Class II: Waste 

Management Units for Designated 

Waste. (CI 5: §2532) 
§ 20260. SWRCB— Class III: Landfills for 

Nonhazardous Solid Waste. (CI 5: 

§2533) 
§ 20270. CIWMB— Location Restrictions: 

Airport Safety. (T14:§J7258.10) 

Article 4. SWRCB — Waste IVIanagement 

Unit Construction Standards 616 

§ 20310. SWRCB— General Construction 

Criteria. (C15: §2540) 
§ 20320. SWRCB— General Criteria for 

Containment Structures. (C15: 

§2541) 
§ 20323. SWRCB— CQA Plan, (new) 

§ 20324. SWRCB— CQA Requirements. 

(T14: §17774) 
§ 20330. SWRCB— Liners. (C15: §2542) 

§ 20340. SWRCB— Leachate Collection and 

Removal Systems (LCRS). [CI 5: 

§2543 //T14:§ 1778 1(b)(2) & 

(d)(1)] 
§ 20360. SWRCB— Subsurface Barriers. 

(CI 5: §2545) 
§ 20365. SWRCB— Precipitation and 

Drainage Controls. [C15: §2546 // 

T14: § 17778(e), (0(1), (g),&(j)] 
§ 20370. SWRCB— Seismic Design. (C15: 

§2547) 
§ 20375. SWRCB— Special Requirements for 

Surface Impoundments. (CI 5: 

§2548) 
§ 20377. SWRCB— Special Requirements for 

Land Treatment Units (LTUs). (CI 5: 

§2549) 



Page i 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Page 



Page 



Subchapter 3. Water Monitoring 624 

Article 1. SWRCB— Water Quality 

Monitoring and Response 
Programs for Solid Waste 

Management Units 624 

§ 20380. SWRCB— Applicability. (CI 5: 

§2550.0) 
§ 20385. SWRCB— Required Programs. 

(CI 5: §2550.1) 
§ 20390. SWRCB— Water Quality Protection 

Standard (Water Standard). (CI 5: 

i^2550.2) 
§ 20395. SWRCB— Constituents of Concern 

(COCs).(C 15: §2550.3) 
§ 20400. SWRCB— Concentration Limits. 

(CI 5: §2550.4) 
§ 20405. SWRCB— Monitoring Points and 

the Point of Compliance. (C15: 

§2550.5) 
§ 204 1 0. SWRCB— Compliance Period. 

(CI 5: §2550.6) 
§ 2041 5. SWRCB— General Water Quality 

Monitoring and System 

Requirements. [CI 5: §2550.7// 

T15: §17783.5(d)] 
§ 20420. SWRCB— Detection Monitoring 

Program. (CI 5: §2550.8) 
§ 20425. SWRCB— Evaluation Monitoring 

Program. (C15: §2550.9) 
§ 20430. SWRCB— Corrective Action 

Program. (CI 5: §2550.10) 
§ 20435. SWRCB— Unsaturated Zone 

Monitoring and Response 

Provisions for Land Treatment Units 

(LTUs).(C15: §2550.11) 

Article 2. [§20480-§ 20499 Reserved by 

SWRCB] 635 

Subchapter 4. Criteria for Landfills 

and Disposal Sites 635 

Article 1. CIWMB — Operating Criteria 635 

§ 20510. CIWMB— Disposal Site Records. 

(T14: section 

1 7258.29, 17636, 1 7637, 1 7638, 

17639) 
§ 20515. CIWMB— MSWLF Unit Records. 

(T14:§ 17258.29, §18257) 
§ 20517. CIWMB— Documentation of 

Enforcement Agency (EA) 

Approvals, Determinations and 

Requirements, (new) 
§ 20520. CIWMB— Signs. 

(T14:§ 17656,1 7657) 
§ 20530. CIWMB— Site Security. 

(T14:§17658) 
§ 20540. CIWMB— Roads. 

(T14:§ 17659, 17660) 
§ 20550. CIWMB— Sanitary Facilities. 

(T14:§17666) 
§ 20560. CIWMB— Drinking Water Supply. 

(T14:§ 17667) 
§ 20570. CIWMB— Communications 

Facilities. (T14:§ 17668) 
§ 20580. CIWMB— Lighting. (T14:§ 17669) 

§ 20590. CIWMB— Personnel Health and 

Safety. (T 14: §17670) 
§ 20610. CIWMB— Training. (T14:§17672) 

§ 20615. CIWMB— Supervision. 

(T14:§17671, 17673) 
§ 20620. CIWMB— Site Attendant. 

(T14:§17674) 
§ 20630. CIWMB— Confined Unloading. 

(T14:§17676) 



§ 20640. CIWMB— Spreading and 

Compacting. (T14:§ 17677) 

§ 20650. CIWMB— Grading of Fill Surfaces. 

(T14:§17710) 

§ 20660, CIWMB— Stockpiling. 

(T14:§ 17680) 

Article 2. Alternative Daily Cover 

Material and Beneficial 

Reuse 637 

§ 20670. CIWMB— Availability of Cover 

Material. (T14:§17681) 
§ 20680. CIWMB— Daily Cover. 

[T14:§ 17682, 17258.21] 
§ 20685. CIWMB— Performance Standards. 

[T14:§ 17683] 
§ 20686. Beneficial Reuse. 

§ 20690. CIWMB— Alternative Daily Cover. 

[T14: §17682, §17258.21(b)] 
§ 20695. CIWMB— Cover Performance 

Standards. [T]4:§ 17683] 
§ 20700. CIWMB— Intermediate Cover. 

(T14:§ 17684) 
§ 20701 . CIWMB— Slope Stability of Daily 

and Intermediate Cover. 

(T14:§ 17678) -[Reserved] 
§ 20705. SWRCB— Standards for Daily and 

Intermediate (Interim) Cover. (C15: 

§2544) 



Article 3. 


CIWMB — Handling, Equipment 




and Maintenance 641 


§20710. 


CIWMB — Scavenging, Salvaging, 




and Storage. 




(T14:§17686,17687,17690,]7691) 


§ 20720. 


CIWMB— Non-Salvageable Items. 




(T14:§]7692) 


§ 20730. 


CIWMB— Volume Reduction and 




Energy Recovery. 




(TI4:§17688,17689) 


§ 20740. 


CIWMB— Equipment. 




(T]4:§ 17693, 17694) 


§ 20750. 


CIWMB— Site Maintenance. 




(T14:§17695,17696) 


Article 4. 


CIWMB— Controls 642 


§ 20760. 


CIWMB— Nuisance Control. 




(T14:§17701) 


§ 20770. 


CIWMB— Animal Feeding. 




(T14:§17702) 


§ 20780. 


CIWMB— Open Burning and 




Burning Wastes. 




(T14:§17258.24(b),17703, 17741) 


§ 20790. 


CIWMB— Leachate Control. 




(T14:§ 17704,17709) 


§ 20800. 


CIWMB— Dust Control. 




(T14:§17706) 


§20810. 


CIWMB— Vector and Bird Control. 




(T14:§17707) 


§ 20820. 


CIWMB — Drainage and Erosion 




Control. (T14:§17708,17715) 


§ 20830. 


CIWMB Litter Control. 




(T14:§17711) 


§ 20840. 


CIWMB— Noise Control. 




(T14:§17712) 


§ 20860. 


CIWMB— Traffic Control. 




(T14:§17714) 


§ 20870. 


CIWMB— Hazardous Wastes. 




(T14:§ 17742,17258.20) 


§ 20880. 


CIWMB— Medical Waste, (new) 


§ 20890. 


CIWMB— Dead Animals. 




(T14:§17744) 


§ 20900. 


CIWMB— Air Criteria. 




[T14:§ 17258.24(a)] 


Article 5. 


CIWMB— Fire Control at Active 




and Closed Disposal Sites 643 


§ 20905. 


CIWMB— [Reserved] 



Page 



(4-11-2008) 



Title 27 



Solid Waste 



Table of Contents 



Page 



§20915. 


CIWMB— Subsurtace Fire Control. 
[Reserved] 






§21145. 
§21150. 


Article 6. 


Ga.s Monitoring and Control 

at Active and Closed 

Disposal Sites 


. . 643 




§21160. 


§20917. 


CIWMt^— Scope and Applicability. 
[Reserved] 






§21170. 


§209 IS. 


CIWMB — Exemptions. 






§21180. 


§ 20919. 


CIWMB—Gas Contiol. 








§20919..' 


>. CIWMB — Eixpiosive Gases Control. 
[Repealed] 






§21190. 


§ 20920. 


CIWMB— Scope and Applicability 
for Gas Monitoring and Control 
Requirements. 






§21194. 
§21200. 


§20921. 


CIWMB — Gas Monitoring and 
Control. 








§ 20923, 


CIWMB— Monitoring. 




Artie 


:le3. 


§ 2092.S. 


CIWMB — Perimeter Monitoring 
Network. 








§209.11, 


CIWMB— Structure Monitoring. 






§21400. 


§ 20932. 


CIWMB — Monitored Parameters. 








§ 20933. 


CIWMB — Monitoring Frequency. 






§21410. 


§ 20934. 


CIWMB— Reporting. 






§ 20937. 


CIWMB— Reporting and Control of 






§21420. 




Excessive Gas Concentrations. 






§ 20939. 


CIWMB— Control of Excessive Gas 
Concentrations. 








§ 20945. 


[Reserved by SWRCB] 




Article 4. 


Subchapter 5. 


Closure and Post-Closure 










Maintenance 


644.3 




§21430. 


Article 1. 


General Standards for All 






Waste Management Units 


644.3 


Chapter 4. 


I 


§ 20950. 


SWRCB— General Closure and 






1 



Page 

CIWMB— Slope Stability. 

(T14:§17777) 

CIWMB — Drainage and Erosion 

Control. (TI4:§I777S& §17779) 

CIWMB— Landfill Gas Control and 

Leachate Contact, (TI4:§I778I, 

17783) 

CIWMB— Recording, 

(TI4:§17787) 

CIWMB— Poslclosure 

Maintenance, (TI4;§17788) 

CIWMB— Postclosurc Land Use, 

(T14:§I7796) 

(Reserved by SWRCB I 

CIWMB — Change of Ownership 

During Closure or Postclosurc 

Maintenance. (T14:§ 17792) 

SWRCB — Closure Standards for 

Units Other Than Landfills 652 

SWRCB — Closure Requirements 
for Surface Impoundments. (CI 5: 
§2.582) 

SWRCB — Closure Requireinents 
forWastePiles. (CI5:§2583) 
SWRCB — Closure Requirements 
for Land Treatment Units (LTUs). 
(CI 5: §2584) 



Standards for Composting 

Facilities [Reserved] 

CIWMB — Compost Facility 
Closure Requirements. [Reserved) 



65- 



Post-Closure Maintenance 
Standards Applicable to Waste 
Management Units (Units) for Solid 
Waste. (CI 5: §2580) 
§ 20960. CIWMB— General Standards for 

Disposal Sites and Landfills. 
[Reserved] 

Article 2. Closure and Post-Closure 

Maintenance Standards for 
Disposal Sites and 

Landfills 645 

§ 2 1 090. SWRCB— Closure and 

Post-Closure Maintenance 

Requirements for Solid Waste 

Landfills. (C15: §2581 //T14: 

§17777. §17779) 
§21099. CIWMB— Purpose, (new) 

§ 2 1 100. CIWMB— Scope and AppIicabiUty. 

(T14:§17760) 
§ 21110. CIWMB— Time Frames for 

Closure. (T14:§17763, parts of 

§17258.60 and 17258.61) 
§ 2 1 1 20. CIWMB— Partial Final Closure. 

(T14:§ 17764) 
§ 21 125. CIWMB— Clean Closure. 

[Reserved] 
§ 2 1 1 30. CIWMB — Emergency Response. 

(TI4:§17766) 
§ 2 1 1 32. SWRCB— Landfill Emergency 

Response Plan Review, (new) 
§ 2 1 1 35. CIWMB— Site Security. 

(TI4:§I7767) 
§ 2 1 137. CIWMB— Structure Removal. 

(T14:§17771) 
§ 21 140. CIWMB— Final Cover. 

(T14:§ 17773) 
§ 21 142. CIWMB— Final Grading. 

(T14:§17776, 17777) 



Subchapter 1 . 

§21440. 
§21450. 

Subchapter 2. 



Subchapter 3. 



Article I. 

§21563. 

§21565. 



§21565.5. 



Documentation and Reporting for 

Regulatory Tiers. Permits. 

WDRs. and Plans 653 

CIWMB— General 653 

Purpose, (non-regulatory) 

[Reserved] 

CIWMB— Scope/Applicability/Coo 

rdination. (T14:§ 18200) 

CIWMB— Regulatory Tiers 

[§21460-§2 1560 Reserved 

by CIWMB] 653 

Development of Waste 

Discharge Requirements 

(WDRs) and Solid Waste 

Facility Permits 653 

General 653 

CIWMB— Scope. (T14:§ 18200, 

§18200.1) 

CIWMB — Exemptions from 

Requirement of a Permit or Other 

Regulatory Tier Requirements. 

(T14:§18215) 

CIWMB — Filing Requirements for 

Exemptions from Solid Waste 

Facility Permit (SWFP). 

(T14:§17616) 



Article 2. 



§21570. 
§21580. 

§21585. 



CIWMB— Applicant 
Requirements 

CIWMB — Filing Requirements. 
(TI4:§18201) 
CIWMB— Submittal of an 
Incomplete Application Package 
(T14:§ 18203) 
SWRCB— Joint Technical 
Document (JTD). (new) 



6.54 



Page 



ni 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Page 



Page 



§ 2 1 .S90. CIWMB— Joint Technical 

Document for Disposal Facilities. 

(new) 
§ 2 1 595. Combined CIWMB and SWRCB 

Joint Technical Document for 

Federal Subtitle D Research, 

Development, and Demonstration 

Permits. 
§ 21600. CIWMB— Report of Disposal Site 

Information (RDSI). (T14:i^ 17607, 

17616, 17626, 17628, 17629, 

18222) 
^21610. CI WMB— Amendments to 

Application Package. 

(T 1 4:§ 18202(a)) 
§ 21615. CIWMB— Completeness Appeal. 

[T 14: §1820.-^(0] 
§ 2 1 620. CI WMB— Change in Design or 

Operation (New). 
§ 2 1 630. CI WMB— Change of Owner, 

Operator, and/or Address. 

(T14:§18216& 18217) 
§ 2 1 640. CI WMB— Re view of Permits, 

(T14:§18213) 

Article 3. CIWMB — Enforcemenl Agency 

(EA) Requirements 660. 

§ 2 1 650. CI WMB— FA Processing 

Requirements. (T14:§18203) 
S 21655. CIWMB— Amendments to 

Application Package. 

(T14:§18202(b)(c)) 
§ 21660. CIWMB— Pubhc Notice and 

informational Meeting 

Requirements. 
§ 21660. 1 . Notice for RFI Amendment 

Applications. 
§ 21660.2. Informational Meeting for New and 

Revised Full Solid Waste Facilities 

Permit Applications. 
i^ 21660.3. Notice of New, Revised and 

Modified Permit Applications and 

EA-Conducted Informational 

Meeting. 
§ 21660.4. Substitute Meetings in Place of 

EA-Conducted Informational 

Meetings. 



§21690. 



Article 4. 



§21710. 

§21720. 

§21730. 
§21740. 
§21750. 



§21760. 



§ 21663. 


CIWMB— Issuance of Solid Waste 




Facilities Permit. (T14:§18208) 


§ 21665. 


CIWMB — Processing Proposed 




Changes at Solid Waste Facility. 




(New) 


§ 21666. 


CIWMB — Processing Report of 




Facility Information (RFI) 




Amendment(s). 


§21670. 


CIWMB— Change of Owner 




Operator, and/or Address. 




(T14:§18216and 18217) 


§21675. 


CIWMB— Review of Solid Waste 




Facilities Permits. (T14:§18213) 


Article 3.1. 


CIWMB— CIWMB 




Requirements 660.6 


§ 21680. 


CIWMB— Reinstatement of 




Suspended and Revoked Permits. 




(T14:§18212) 


§21685. 


CIWMB— Proposed Solid Waste 




Facilities Permit; CIWMB 




Processing Requirements. 




(T14:§ 18207. §17608) 


§21686. 


CIWMB— Change in 




Owner/Operator and/or Address. 




(new) 


Article 3.2. 


CIWMB Other 




Requirements 661 



Subchapter 4. 



§21769. 



§21770. 

§ 21780. 

§21785. 
§21790. 

§21800. 

§21805. 



§21810. 

§21815. 

§21820. 
§21825. 

§21830. 

§21835. 



§21840. 
§21860. 

§21865. 
§ 21870. 
§21880. 



CIWMB— Report of Woodwaste 
Disposal Site Information. 
[Reserved] 

SWRCB— Development of Waste 

Discharge Requirements 

(WDRs) 661 

SWRCB— Report of Waste 

Discharge (ROWD) and Other 

Reporting Requirements. [C15: 

§2590] 

SWRCB— Waste Discharge 

Requirements (WDRs). (CI 5: 

§2591) 

SWRCB— Public Participation. 

(C15: §2592) 

SWRCB— Waste Characteristics. 

(CI 5: §2594) 

SWRCB— Waste Management Unit 

(Unit) Characteristics and Attributes 

to Be Described in the ROWD. 

[C15: §2595 & §2547(a) // T14: 

§17777, §18260. §18263. & 

§18264] 

SWRCB— Design Report and 

Operations Plan. (CI 5: §2596) 

Development of Closure/ 
Postclosure Maintenance 
Plans 666 

SWRCB— Closure and 

Post-Closure Maintenance Plan 

Requirements. [C15: §2597 // T14: 

§17776, § 17778(g), §18260, 

§18261.3(a)(2&7), §18262, 

§18263, §18264] 

CrWMB — Scope and Applicability. 

(T14:§ 18250) 

CIWMB— Submittal of Closure and 

Postclosure Maintenance Plans. 

CIWMB — Labor Transition Plan. 

CIWMB— Preliminary Closure Plan 

Contents. 

CIWMB— Final Closure Plan 

Contents. 

Combined CIWMB and SWRCB 

Final Closure Plan Contents for 

Federal Subtitle D Research, 

Development, and Demonstration 

Permits. 

CIWMB— Final Closure Plan 

Contents for Clean Closure, (new) 

CIWMB — General Criteria for 

Cost Estimates. 

CIWMB — Closure Cost Estimates. 

CIWMB — Preliminary Postclosure 

Maintenance Plan Contents. 

CIWMB— Final Postclosure 

Maintenance Plan Contents. 

Combined CIWMB and SWRCB 

Final Postclosure Maintenance Plan 

Contents for Federal Subtitle D 

Research, Development, and 

Demonstration Permits. 

CIWMB — Postclosure Maintenance 

Cost Estimates. 

CIWMB — Schedules for Review 

and Approval of Closure and 

Postclosure Maintenance Plans. 

(T14:§18271) 

CIWMB — Amendment of Closure 

and Postclosure Maintenance Plans. 

CIWMB — Implementation of 

Closure Plan, (new) 

CIWMB — Certification of Closure. 

(T14:§18275) 



Page iv 



(4^11-2008) 



Title 27 



Solid Waste 



Table of Contents 



Page 

J^ 21890. CI WMB— Revision of Approved 

Plans for Closure and Poslclosure 
Maintenance. (114:^18276) 

Jj 2 1 900. CI WMB— Release from Postclosure 

Maintenance. (114:^18277) 

Chapter 5. Enforcement 670..^ 

Articles 1-3. (Reserved— CIWMB) 670.3 

Article 4. Enforcement by Regional 

Water Quality Control Board 

(RWQCB) 670.3 

S 22 1 90. SWRCB— Mandatory Closure 

(Cease and Desist Orders). (CL'i: 
§2593) 

Chapter 6. Financial Assurances at Solid 
Waste Facilities and at Waste 
Management Units for Solid 
Waste 671 

Subchapter 1. Definitions for Financial 
Assurance Demonstrations 

and Requirements 671 

§ 22200. CIWMB— Definitions. 

(T14:§18281) 

Subchapter 2. Financial Assurance 

Requirements 673 

Article 1. Financial Assurance for 

Closure 673 

§ 22205. CIWMB— Scope and Applicability. 

(T14:§]8280) 
§ 22206. CIWMB— Amount of Required 

Coverage. (T14:§ 18282) 
§ 22207. SWRCB— Closure Funding 

Requirements. [CI 5: §§2574(f&g) 

and 2580(f)] 

Article 2. Financial Assurance for 

Postclosure Maintenance 674 

§ 222 1 0. CIWMB— Scope and Applicability. 

(T14:§ 18280) 
v$ 222 1 1 . CIWMB— Amount of Required 

Coverage. (T14:§18282) 
§ 222 1 2. SWRCB— Post-Closure Funding 

Requirements. [CI 5: §§2574(f&g) 
and 2580(f)] 

Article 3. CIWMB — Financial Assurance 

Requirements for Operating 

Liability 674 

J? 222 1 5. CIWMB— Scope and Applicability. 

(T 1 4:§ 182.30) 
§ 222 1 6. CIWMB— Amount of Required 

Coverage. (T14:§18232) 

Article 4. Financial Assurance 

Requirements for Corrective 

Action 675 

§ 22220. CIWMB— Scope and Applicability 

(new). 
§ 2222 1 . CIWMB— Amount of Required 

Coverage. (T14:§ 17258.73) 
§ 22222. SWRCB— Corrective Action 

Funding Requirements. [CI 5: 
§2550.0(b) and §2580(f)j 

Subchapter 3. Allowable Mechanisms 675 

Article 1. CIWMB — General Requirements 

for Mechanisms 675 



Article 2. 



Page 

§ 22225. Miniirium Closure and/or 

Postclosure Maintenance and/or 

Reasonably Foreseeable Corrective 

Action Fund Balance Calculation. 

(TI4:Jjl8282) 
§ 22226. CIWMB— Minimum Fund Balance 

Calculation for Known Corrective 

Action. (T 14:^17258.74) 
§ 22227. CIWMB— Substitution of 

Mechanisms. (T14:§ 18241. 1 8293) 
§ 22228. CIWMB— Acceptable Mechanisms 

and Combination of Mechanisms. 

(T14:§ 17258.74,18233.18283) 
§ 22229. CIWMB— Use of Multiple 

Mechanisms. (T 14:^17258.74) 
§ 22230. CIWMB— Use of Mechanism(s) for 

Multiple Facilities (new). 
§ 2223 1 . CIWMB— Cancellation or 

Nonrenewal by a Provider of 

Financial Assurance. 

(TI4:§17258.74.18242.I8294) 
§ 22232. CIWMB— Bankruptcy or Other 

Incapacity of Operator or Provider 

of Financial Assurance. 

(T14:§ 18243, 1 8295) 
§ 22233. CIWMB— Record Keeping and 

Reporting. (TI4:§I8244,18297) 
§ 22234. CIWMB— Disbursements from 

Financial Mechanisms. 
§ 22235. CIWMB— Release of Financial 

Assurance Requirements. 

(T14:§ 1 8245,18298) 
§ 22236. CIWMB— Annual Inflation Factor. 

(T14:§18272) 
§ 22237. CIWMB— Depository Trust Fund. 

(TI4:§18296) 

CIWMB — Financial Assurance 
Mechanisms 680 



§ 22240. 


CIWMB— Trust Fund. 


§22241. 


CIWMB— Enterprise Fund. 




(T14:§ 18285) 


§ 22242. 


CIWMB — Government Securities. 




(T14:§ 18235. 18286) 


§ 22243. 


CIWMB— Letter of Credit. 


§ 22244. 


CIWMB— Surety Bond. 


§ 22245. 


CIWMB— Pledge of Revenue. 




(T14:§18290) 


§ 22246. 


CIWMB— Financial Means Test. 


§ 22247. 


CIWMB— Guarantee. 


§ 22248. 


CIWMB— Closure and/or 




Postclosure Maintenance and/or 




Reasonably Foreseeable Corrective 




Action Insurance. 


§ 22249. 


CIWMB — Local Government 




Financial Test. 


§ 22249.5. 


CIWMB— Local Government 




Guarantee. 


§ 22250. 


CIWMB— Federal Certification. 




(TI4:§I8292) 


§22251. 


CIWMB— Liabilitv Insurance. 


§ 22252. 


CIWMB— Self-Insurance and Risk 




Management. 


§ 22253. 


CIWMB — Insurance and 




Environmental Fund. 


§ 22254. 


CIWMB— State Approved 




Mechanism. (TI4:§ 17258.74) 



Subchapter 4. 



Article 1. 

§ 22270. 
§22271. 
§ 22272. 
§ 22273. 

§ 22274. 



Financial Assurances 
Enforcement Procedures 



684.2 



Solid Waste Facilities 684.2 

Scope and Applicability. 

Definitions. 

Notice of Violation. 

Issuance of Notice and Order and 

Stipulated Notice and Order. 

Compliance Options. 



Page V 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Chapter 7. 



Page 

S 22275. Penalty Calculations. 

§ 22276. Processing and Collection of Civil 

Penalty. 
J^ 22277. Appeals Process. 

§ 22278. Continued or Recurring Violations. 

Special Treatment. Storage, and 

Disposal Units 68.5 



Subchapter 1. Mining Waste Management 685 

Article I. SWRCB— Mining Waste 

Management Regulations 

(CI 5: Article?) 685 

^ 22470. SWRCB— Applicability. (C15: 

§2570) 
§ 22480. SWRCB— Groups of Mining Waste. 

(CI 5: §2571) 
§ 22490. SWRCB— Mining Unit Siting and 

Construction Standards. (CI 5: 

§2572) 
§ 22500. SWRCB— Water Quality 

Monitoring for Mining Units. (CI 5: 

§2573) 
§ 225 1 0. SWRCB— Closure and 

Post-Closure Maintenance of 

MiningUnits. (C15:§2574) 

Subchapter 2. Confined Animals 692 

Article 1. SWRCB— Confined Animal 

Facilities 692 

§ 22560. SWRCB— Applicability. (CI 5: 

§2560) 
§ 22561 . SWRCB— General Standard for 

Surface Water. (CI 5: §2561) 
§ 22562. SWRCB— Wastewater 

Management. (CI 5: §2562) 
§ 22563. SWRCB— Use or Disposal Field 

Management. (CI 5: §2563) 
§ 22564. SWRCB— Management of Manured 

Areas. (CI 5: §2564) 
§ 22565. SWRCB— Monitoring. (CI5: 

§2565) 

Subchapter 3. Composting Facilities 

[Reserved by CIWMB] 692 

Subchapter 4. Waste Tire Facilities 

[Reserved by CIWMB] 692 



Subchapter 5. 



Subchapter 6. 
Article 1. 

§ 22900. 
§22910. 
§ 22920. 

§ 22930. 

§ 22940. 

§ 22950. 



Transfer and Processing 
Stations [Reserved by 
CIWMB] 



Solar Evaporators 

Solar Evaporator 

Regulations 

SWRCB — Applicability. 
SWRCB — Definitions. 
SWRCB — Solar Evaporator 
Design Requirements. 
SWRCB — Solar Evaporator 
Construction Requirements. 
SWRCB — Solar Evaporator 
Operation Requirements. 
SWRCB — Solar Evaporator 
Closure Requirements. 



Page 



. 692 
692.1 



692.1 



Chapter 8. 
Subchapter 1 . 



Other Provisions 692.4 



Financial Assistance 
Programs 



692.4 



Article 1, 



Landfill Closure Loan 



§23001. 

§ 23002 
§ 23003 
§ 23004 
§ 23005 
§ 23006, 
§ 23007 

§ 23008 
§ 23009 
§ 23010 
§23011 
§23012 
§ 23013 

§23014 

Appendix 
Appendix 

Append 

Appendix 

Appendix 



Program 692.4 

Purpose of the Landfill Closure 

Loan Program. 

Definitions. 

Use of Loan Proceeds. 

Landfill Eligibility Criteria. 

Operator Eligibility Criteria. 

Loan Priorities. 

Loan Amount, Length of Term, and 

Interest Rate. 

Application Submittal. 

Application Content. 

Application Review. 

Board Approval. 

Loan Agreement. 

Auditing of Expenditure of Loan 

Proceeds. 

Review of Records and Site 

Reviews. 

1 Joint Permit Application Form 693 

2 Sample Index for Joint Technical 

Document 698.6 

3 Financial Assurances Forms 700 

4 Landfill Terminology 752 

5 Terms Describing Stages in Landfill 
Life 753 



Page vi 



Title 27 



Solid Waste 



§ 2(M)30 



Division 2. Solid Waste 

Section Title Key: 

The code "SWRCB -" at the hegl lining of a section title indicates the 
.section is proinidgated by the State Water Resources Control Board: 

The code "C/WMB -" at the beginning of a section title indicates the 
section is promulgated by the Califortiia Integrated Waste ManagenieiU 
Board: 

The code "(TJ4: m^)" following the title of a CIWMB pronnd gated 
section indicates the section's former location {§###) in Division 7 of 
Tide 14. California Code of Regulations ICCR). Such a code following 
the title of an SWRCB-promul gated section indicates the source (in Title 
14) of a water quality protection requirement the SWRCB has incorpo- 
rated, pursuaiu to AB-1220: 

The code "(CI 5: §#m" or '-[CI 5: §###(#)]" following the title of a 
SWRCB-promulgated section indicates the section 's former location 
fm#) in Chapter 15 of Division .-? of Title 23. CCR: 

The code "(new)" following the title of any section indicates that the 
section is newly promulgated (i.e., has no antecedent in Title 23 or Title 
14). 



Subdivision 1. Consolidated Regulations 

for Treatment, Storage, Processing or 

Disposal of Solid Waste 



Article 1. 



Chapter 1 . General 

Purpose, Scope and Applicability 
of this Subdivision 



§ 20005. CIWMB— Purpose Scope and Applicability of 
CIWMB Standards. (T14:§17601) 

(a) Regulatory standards promulgated by the California Integrated 
Waste Management Board (CIWMB) in this division implement only the 
jurisdiction of the CIWMB. as set forth in Division 30, Commencing 
with §40000, of the PRC, and shall not be construed by the CIWMB or 
the enforcement agency (EA) in a manner that would infringe upon or in- 
terfere with the administration or implementation of the comprehensive 
program of regulatory standards promulgated by the SWRCB in this title 
for the protection of water quality, pursuant to Division 7, commencing 
with § J 3000, of the Water Code. 

(b) The purpose for the CIWMB standards in this subdivision is to pro- 
tect public health and safety and the environment. The CIWMB stan- 
dards in this chapter do not address air or water quality aspects of the en- 
vironment that are regulated by other state or local agencies. 

(c) The standards promulgated by the CIWMB in Chapters 1.2.3. and 
applicable portions of Chapter 4 shall apply to all disposal sites meaning 
active, inactive closed or abandoned, as defined in §401 22 of the Public 
Resources Code including facilities or equipment used at the disposal 
sites. Responsibility for enforcing state minimum standards as defined 
by the CIWMB shall be administered by the EA in consultation as 
deemed appropriate with the Regional Water Quality Control Board or 
other oversight agency. 

NOTE; Authority cited: Sections 40502, 43020, 43021 and 43030, Public Re- 
sources Code. Reference: Sections 40000-40002, 40508 and 43103, Public Re- 
sources Code. 

History 

I . New chapter 1 , article 1 (sections 20005-20090) and section filed 6-1 8-97: op- 
erative 7-18-97 (Register 97, No. 25). 



§ 20010. Statutory Mandate, (non-regulatory) [Reserved] 

§ 20012. SWRCB— Reliance Upon CIWMB Requirements, 
(new) 

(a) Where necessary to protect water quality, the Regional Water 
Quality Control Board (RWQCB) can implement, in coordination with 
the enforcement agency (EA) or, as appropriate, the California Integrated 
Waste Management Board (CIWMB). appropriate standards proinul- 
gated by the CIWMB in this subdivision, provided that the action does 
not duplicate or conllict with any action taken by the EA. 

(b) Where necessary to protect water quality, the RWQCB can cite the 
standards promulgated by the CIWMB in this subdivision as evidence o\ 
a violation of standards promulgated by the SWRCB or of Waste Dis- 
charge Requirements (WDRs) in any ensuing enforcement proceeding, 
provided that the violation does not duplicate or conflict with any action 
by the EA and that such enforcement proceeding is based upon the au- 
thority of the RWQCB under Division 7 of the Water Code. 

NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 13172. 
13226, 13227. 13263. 13267. Water Code: and Section 43103, Public Resources 
Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97. No. 25). 

§ 20014. CIWMB— Reliance Upon SWRCB Requirements, 
(new) 

(a) Where necessary to protect aspects of the public health and safety 
and the environment, other than water quality, the EA may implement, 
in coordination with the RWQCB and the CIWMB. appropriate stan- 
dards promulgated by the SWRCB in this subdivision provided that the 
action is not duplicative of or in conflict with any action taken by the 
RWQCB. 

(b) Where necessary to protect aspects of the public health and safety 
and the environment, other than water quality, the EA may cite the stan- 
dards promulgated by the SWRCB in this subdivision as criteria to cau.se 
a site to correct a violation of the standards promulgated by the CIWMB 
or of a Solid Waste Facility Permit (SWFP). The EA may also reference 
the aforementioned criteria as evidence of a violation of appropriate 
CIWMB promulgated standards or of a SWFP in any ensuing enforce- 
ment proceeding, provided that the violation is not duplicative of or in 
conflict with any action by the RWQCB and such enforcement proceed- 
ing is based upon the authority of the EA under Division 30 of the Public 
Resources Code. 

NOTE: Authority cited: Section 43103, Public Resources Code. Reference: .Sec- 
tions 43101(d) and 43105. Public Resources Code. 

History 
1. New secfion filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20020. How to Use Combined Regulations, 
(non-regulatory) [Reserved] 

§ 20030. CIWMB— Authority. (T1 4:§1 7200) 

The regulations contained herein are promulgated pursuant to Public 
Resources Code (PRC) §§43020. 43020. 1 , 4302 1 , 43030, 43 1 1 . 43 1 03 
and Health and Safety Code §4520. No provision in this Division shall 
be construed as a limitation or restriction upon the CI WMB's right to ex- 
ercise discretion which is vested in it by law. Nor shall any provision be 
construed to limit or restrict counties and cities from promulgating enact- 
ments which are as strict as or stricter than the regulations contained in 
this Division. However, no city or county may promulgate enactments 
which are inconsistent with the provisions of this Division. Any refer- 
ence in this chapter to an EA shall be deemed to mean the EA created pur- 
suant to PRC §§43200 - 43219. 

NOTE: Authority cited: Sections 40502. 43020 and 43021, Public Resources 
Code. Reference: Section 1 1 125, Government Code; and Sections 43020-4302 1 
and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Page 601 



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§ 20040 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



§ 20040. CIWMB — Compliance with Laws and Regulations. 
(T14:§17201) 

Nothing in these standards shall be construed as relieving an owner, 
operator, or designer from the obligation of obtaining all required per- 
mits, licenses, or other clearances, and complying with all orders, laws, 
regulations, or other requirements of other approval, regulatory or en- 
forcement agencies, such as, but not limited to the Department of Toxic 
Substances Control, local health entities, water and air quality control 
boards, local land use authorities, fire authorities, etc. 
NOTE: Authority cited: Sections 40502, 43020 and 43021. Public Resources 
Code. Reference: Sections 40053. 40054, 40055. 43020. 43 1 03 and 4302 1 . Public 
Resources Code. 

History 
1. New section tiled 6-18-97: operative 7-18-97 (Register 97. No. 25). 

§ 20050. CIWMB— Purpose, Intent. (T1 4:§1 7202-1 7203) 

[Note: This section will be amended upon the adoption of future regu- 
lations pertaining to tiers, transfer stations, operations, etc.] 

(a) The purpose of the regulations in Chapters 1 . 2. and 3 is to promote 
the health, safety and welfare of the people of the State of California, and 
to protect the environment by establishing minimum standards for the 
handling and disposal of solid wastes at disposal sites. 

(b) By adopting these standards, the CIWMB hereby sets forth per- 
formance standards for solid waste disposal sites which are of state con- 
cern, as required by PRC §43020 and §43021, and sets forth minimum 
substantive requirements for operators' submission of information con- 
cerning individual solid waste disposal sites. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 40000, 40001, 40002 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20060. CIWMB— Applicability of Federal Subtitle D 
Related Standards to Small Landfills. (T14: 
portions of §17258.1) 

(a) MSWLF units that meet the conditions of 40 CFR 258. 1 (f)( 1 ) and 
received waste after October 9, 1991 but stopped receiving waste before 
October 9, 1997, are exempt from all the requirements promulgated as 
a result of 40 CFR 257 and 258, except the final cover minimum stan- 
dards specified in Section 21 140 and all other applicable requirements 
of Chapters 3 and 4, of this subdivision. The final cover must be installed 
by October 9, 1998. Owners and operators of MSWLF units described 
in this paragraph that fail to complete cover installation by October 9, 
1998 will be subject to all the requirements of this subdivision, unless 
otherwise specified. 

(b) MSWLF units that receive 20 tons or less of municipal solid waste 
per day, based on an annual average, may be allowed alternative frequen- 
cies for daily cover requirements and landfill gas monitoring require- 
ments subject to the criteria set forth in sections 20680 and 20919.5. 
NOTE: Authority cited: Sections 40502, 40508, 43020, 43021 and 43030, Public 
Resources Code. Reference: Sections 40508 and 43103, Public Resources Code; 
and Title 40, Code of Federal Regulations, Sections 258.1, 258.21 and 258.23. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97. No. 25). 

2. New subsection (a) designator, new subsection (b) and amendinent of Note 
filed 10-28-98 as an emergency; operative 10-28-98 (Register 98, No. 44). A 
Certificate of Compliance must be transmitted to OAL by 2-25-99 oremergen- 
cy language will be repealed by operation of law on the following day. 

3. New subsection (a) designator, new subsection (b) and amendment of NoTii re- 
filed 2-25-99 as an emergency; operative 2-25-99 (Register 99, No. 9). A Cer- 
tificate of Compliance must be transmitted to OAL by 6-25-99 or emergency 
language will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 2-25-99 order transmitted to OAL 6-24-99 and 
filed 7-12-99 (Register 99, No. 29). 

§ 20070. Combined CIWMB and SWRCB Federal Subtitle D 
Research, Development, and Demonstration 
Permits. 

(a) Except as provided in paragraph (f) of this section. EA with concur- 
rence by the CIWMB, and the RWQCB, may issue a research, develop- 
ment, and demonstration permit for a new MSWLF unit, existing 



MSWLF unit, or lateral expansion, for which the owner or operator pro- 
poses to utilize innovative and new methods which vary from either or 
both of the criteria listed in subsections (1) and (2) below, provided that 
the MSWLF unit has a leachate collection system designed and 
constructed to maintain less than a 30-cm depth of leachate on the liner: 

( 1 ) The run-on control systems in 40 CFR Section 258.26(a)(1), as iin- 
plemented in Title 27, CCR; and 

(2) The liquids restrictions in 40 CFR 258.28(a), as implemented in 
Title 27. CCR. 

(b) The EA with concurrence by the CIWMB. and the RWQCB. may 
issue a research, development, and demonstration permit for a new 
MSWLF unit, existing MSWLF unit, or lateral expansion, for which the 
owner or operator proposes to utilize innovative and new methods which 
vary from the final cover criteria of 40 CFR 258.60(a)(1). (a)(2) and 
(b)( 1 ), as implemented in Title 27, CCR, provided the MSWLF unit own- 
er/operator demonstrates that the infiltration of liquid through the alter- 
native cover system will not cause contamination of groundwater or sur- 
face water, or cause leachate depth on the liner to exceed 30-cm. 

(c) Any permit issued under this section must include such terms and 
conditions at least as protective as the criteria for MSWLFs, as set forth 
in this Division, to assure protection of public health and safety and the 
environment. Such permits shall: 

( 1 ) Provide for the construction and operation of such facilities as nec- 
essary, for not longer than three years, unless renewed as provided in 
paragraph (e) of this section; 

(2) Provide that the MSWLF unit must receive only those types and 
quantities of municipal solid waste and nonhazardous wastes which the 
EA, CIWMB, and the RWQCB, deem appropriate for the purposes of de- 
termining the efficacy and performance capabilities of the technology or 
process; 

(3) Include such requirements as necessary to protect public health and 

safety and the environment, including such requirements as necessary for 

testing and providing information to the EA, CIWMB, and the RWQCB ^^^ 
with respect to the operation of the facility; ^JPF 

(4) Require the owner or operator of a MSWLF unit permitted under 
this section to submit an annual report to the EA, CIWMB, and the 
RWQCB showing whether and to what extent the site is progressing in 
attaining project goals. The report shall also include a summary of all 
monitoring and testing results, as well as any other operating information 
specified in the permit and its supporting documents; and 

(5) Require compliance with all MSWLF criteria, as set forth in this 
Division, except as permitted under this section. 

(d) The EA, CIWMB, or the RWQCB may order an immediate ter- 
mination of all operations at the facility allowed under this section or oth- 
er corrective measures at any time the EA, CIWMB, or the RWQCB de- 
termines that the overall goals of the project are not being attained, 
including protection of public health and safety or the environment, pur- 
suant to procedures set forth in this Division, Division 7 of Title 14, and 
Division 30 of the F*ublic Resources Code. 

(e) For the purposes of this section, a research, development, and dem- 
onstration permit shall mean the SWFP and WDRs issued pursuant to 
Chapter 4 of this Division, or if applicable, the approved final closure and 
postclosure maintenance plans required in accordance with Chapter 4 of 
this Division. 

(f) Any permit issued under this section shall not exceed three years 
and each renewal of a permit shall not exceed three years. The total term 
for a permit for a project including renewals shall not exceed twelve 
years. A permit renewal under this section shall conform to the following 
requirements: 

(1) The applicant shall provide a detailed assessment of the project 
showing the status with respect to achieving project goals, a list of prob- 
lems and status with respect to problem resolutions, and any other re- 
quirements specific to the operation that the EA with concurrence by the 
CIWMB, and the RWQCB determine are necessary for permit renewal. 



Page 602 



Register 2005, No. 39; 9-30-2005 



Title 27 



Solid Waste 



§ 20080 



(2) The EA shall process the permit renewal in accordance with sec- 
tions 2 1 650 through 21665 ofChapter4of this Division. A permit issued 
under this section shall be renewed by amending the RFI or revising the 
SWFP. as applicable. 

(3) The process for permit renewal for approved final closure and post- 
closure maintenance plans shall be in accordance with sections 21860 
and 2 1 890. if applicable, of Chapter 4 of this Division. 

(4) For the purposes of this section, renewal shall apply solely to the 
research, development, and demonstration activities authorized under 
this section, and not the unrelated activities of Ihe facility or site. 

(g) Small MSWLFs: 

( 1 ) An owner or operator of a MSWLF unit operating under an exemp- 
tion set forth in 40 CFR 258. 1(0(1 ) is not eligible for any variance from 
40 CFR 258.26(a)( 1 ) and 258.28(a) of the operating criteria in subpart C 
of 40 CFR. as implemented by Title 27. CCR. and 

(2) An owner or operator of a MSWLF unit that disposes of 20 tons of 
municipal solid waste per day or less, based on an annual average, is not 
eligible for a variance from 40 CFR 258.6()(b)( 1 ). as implemented by 
Title 27. CCR. except in accordance with 40 CFR 258.60(b)(3), as imple- 
mented by Title 27. CCR. 

(h) Any variances issued under this section shall not relieve the owner 
or operator from complying with all other applicable standards of this Di- 
vision. 

NOTE: Authority cited: Sections 40502. 43020 and 43021, Public Resources 
Code. Reference: Sections 40053. 4050H. 43020 and 43021, Public Resources 
Code; and 40 CKR Section 258.4. 

History 
1. New section filed 9-29-2005; operative 9-29-2005 pursuant to Government 
Code .section I! 343.4 (Register 2005, No. 39). 



§ 20080. SWRCB— General Requirements. (C15: §2510) 

(a) Scope — The regulations in this subdivision that are promulgated 
by the State Water Resources Control Board (SWRCB) pertain to water 
quality aspects of discharges of solid waste to land for treatment, storage, 
or disposal. The SWRCB-promulgated regulations in this subdivision 
establish waste and site classifications and waste management require- 
ments for solid waste treatment, storage, or disposal in landfills, surface 
impoundments, waste piles, and land treatment units. Requirements in 
the SWRCB-promulgated portions of this subdivision: 

( 1 ) Minimum standards — are minimum standards for proper manage- 
ment of each waste category. Regional boards may impose more strin- 
gent requirements to accommodate regional and site-specific condi- 
tions; 

(2) MSW Landfill Requirements — as they apply to MSW landfills, are 
superseded by any more stringent requirements in SWRCB Resolution 
No. 93-62 (section 2908, Title 23 of this code) or in the federal MSW reg- 
ulations (40CFR258); 

(3) Utilize Abbreviated Internal References — make reference only to 
requirements of the secfions within this subdivision, unless otherwise 
slated. Under this internal reference convention: (A) any unenumerated 
paragraph reference in this division [e.g., "*|(c)", or ■'<|(d)(2)( A-D)" {i.e., 
subsections A through D, inclusive)] is to be found in the same section 
as the referring subsection; and (B) any enumerated reference that does 
not explicitly identify a source outside this subdivision [e.g., "§20200", 
"'§20220(b)", or "Article 2, Subchapter 3, Chapter 3"] is to be found in 
this subdivision; and 



(4) Contain Nonregulatory Notes and Examples — contain some non- 
regulatory language thai is needed in a body of multi-agency regulations 
such as this in order to improve clarity and continuity. Such non-regula- 
tory language is always italicized, is always set off from adjacent regula- 
tory text by parentheses or brackets, serves an obviously explanatory 
function, and typically begins with either ''Now." or "e.g..". In the 
SWRCB-promulgaied sections of this subdivision, such italicized notes 
and examples are intended only to provide the reader with usel'ul guid- 
ance, and do not constitute standards having regulatory effect. 

(b) Engineered Alternatives Allowed — Unless otherwise specified, 
alternatives to construction or prescriptive standards contained in the 
SWRCB-promulgated regulations of this subdivision may be consid- 
ered. Alternatives shall only be approved where the discharger demon- 
strates that: 

( 1 ) the construction or prescriptive standard is not feasible as provided 
in 1(c); and 

(2) there is a specific engineered alternative that: 

(A) is consistent with the performance goal addressed by the particular 
construction or prescriptive standard; and 

(B) affords equivalent protection against water quality impairment. 

(c) Demonstration [for*I(b)] — To establish that compliance with pre- 
scriptive standards in this subdivision is not feasible for the purposes of 
1(b), the discharger shall demonstrate that compliance with a prescriptive 
standard either: 

(1) is unreasonably and unnecessarily burdensoine and will cost sub- 
stantially more than alternatives which meet the criteria in <j|(b); or 

(2) is impracfical and will not promote attainment of applicable per- 
formance standards. The RWQCB shall consider all relevant technical 
and economic factors including, but not limited to, present and projected 
costs of compliance, potential costs for remedial action in the event that 
waste or leachate is released to the environment, and the extent to which 
ground water resources could be affected. 

(d) Existing & New Units — Units which were operating, or had re- 
ceived all permits necessary for construction and operation, on or before 
November 27, 1984, are designated as "existing" Units. This includes 
disposal sites classified under previous regulations and unclassified 
Units. Dischargers shall continue to operate existing Units under existing 
classifications and WDRs until those classifications and requirements 
are reviewed in accordance with §21 720(c). ExisUng Units shall be 
closed and maintained after closure according to Subchapter 5, Chapter 
3 of this subdivision (§20950 et seq.). All other Units (including expan- 
sions and reconstrucfions of existing Units initiated after November 27. 
1984) are "new" Units. For discharges at new Units, the discharger shall 
comply with all applicable provisions of this division, as summarized in 
Table 3. 1 [of Article 3, Subchapter 2, Chapter 3 of this subdivision ] and 
in §203 10(d). Pending review and reclassification, the following 
SWRCB- promulgated provisions of this division shall apply to existing 
Units: 

( 1 ) except with regard to Units which were closed, abandoned, or inac- 
tive on or before November 27, 1 984 [such Units are addressed separate- 
ly, under "Kg)], all dischargers are required to be in compliance with the 
monitoring program requirements [in Article 1 , Subchapter 3, Chapter 3, 
Subdivision 1 of this division (§20380 et seq.)]; 

(2) dischargers may be required to submit additional technical and 
monitoring reports to the RWQCB as determined to be necessary on a ca- 
se-by-case basis. 



[The next page is 603.) 



Page 602.1 



Register 2005, No. 39; 9-30-2005 



Title 27 



Solid Waste 



§ 20140 



• 



(e) Reclassification — In reviewing WDRs for existing Units, the 
RWQCB shall consider the results of monitoring programs developed 
under 1(d)(1) and technical and monitoring reports submitted under 
*Jl(d)(2). Existing Units shall be reclassified according to the geologic sit- 
ing criteria in Article 3. Subchapter 2, Chapter 3, Subdivision 1 of this 
division (§20240 et seq., as summarized in Table 3.1 of that article) and 
shall be required to comply with applicable SWRCB-promulgated con- 
struction standards in Article 4, Subchapter 2. Chapter 3, Subdivision 1 
of this division |as summarized in §20310(d)] as feasible. To establish 
that retrofitting is not feasible, the discharger shall be required to make 
the demonstrations in '11(b) and 'JKc). 

(f) WDRs Implement Regulations— The RWQCB shall implement 
the SWRCB-promulgated regulations in this subtitle through the is- 
suance of WDRs for Units. 

(g) CAI Units — Persons responsible for discharges at Units which 
were closed, abandoned, or inactive on or before November 27, 1984 
(CAI Units), may be required to develop and implement a detection mon- 
itoring program in accordance with Article 1, Subchapter 3, Chapter 3, 
Subdivision 1 of this division (§20380 et seq.). If water quality impair- 
ment is found, such persons may be required to develop and implement 
a corrective action program under that article. 

(h) Mining Waste — Discharges of mining waste, as defined in 
§22470(a). shall be regulated only by the provisions of Article 1, Sub- 
chapter 1 , Chapter 7, Subdivision 1 of this division (§22470 et seq.) and 
by such provisions of the other portions of this subdivision as are specifi- 
cally referenced in that article. 

(i) Combined SWRCB/CIWMB Solid Waste Landfill Regulations— 
The California Integrated Waste Management Board (CIWMB) and the 
SWRCB have promulgated the combined regulations contained in this 
division. For clarity, in moving the modified sections from their former 
location (in Chapter 15, Division 3, Title 23 of this code): 

( 1 ) Section Title Coding — the title of each SWRCB-promulgated sec- 
tion in the combined regulafions begins with "SWRCB - " and ends with 
the section number (in parentheses) that secfion had in Title 23 — e.g., the 
notation "(C~]5: §2540)" following the section title signifies that the 
subject section is derived from §2540, Chapter 15, Division 3, Title 23 
of this code, as that chapter existed prior to July 18, 1997 \ and 

(2) Paragraph Subutles — subtitles have been added at the beginning 
of many paragraphs, to assist the reader in quickly finding specific por- 
tions of the SWRCB's requirements that address a particular issue. 
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13142, 
13260 and 13263. Water Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20090. SWRCB— Exemptions. (CI 5: §251 1 ) 

The following activities shall be exempt from the SWRCB-promul- 
gated provisions of this subdivision, so long as the activity meets, and 
continues to meet, all preconditions listed: 

(a) Sewage — Discharges of domestic sewage or treated effluent which 
are regulated by WDRs issued pursuant to Chapter 9, Division 3, Title 23 
of this code, or for which WDRs have been waived, and which are consis- 
tent with applicable water quality objectives, and treatment or storage fa- 
cilities associated with municipal wastewater treatment plants, provided 
that residual sludges or solid waste from wastewater treatment facilities 
shall be discharged only in accordance with the applicable SWRCB-pro- 
mulgated provisions of this division. 

(b) Wastewater — Discharges of wastewater to land, including but not 
limited to evaporafion ponds, percolation ponds, or subsurface leach- 
fields if the following conditions are met: 

(1) the applicable RWQCB has issued WDRs, reclamation require- 
ments, or waived such issuance; 

(2) the discharge is in compliance with the apphcable water quality 
control plan; and 



(3) the wastewater does not need to be managed according to Chapter 
11. Division 4.5, Title 22 of this code as a hazardous waste. 

(c) Underground Injection — Discharges of waste to wells by injection 
pursuant to the Underground Injection Control Program established by 
the United States Environmental Protection Agency (USEPA) under the 
Safe Drinking Water Act, [42 U.S. Code Section 300(h). .see Title 40 of 
the Code ofFederal Regulations. Parts 144 to 146, 40CFR l44io I46|. 

(d) RWQCB Cleanup Actions — Actions taken by or at the direction 
of public agencies to cleanup or abate conditions of pollution or nuisance 
resulting from unintentional or unauthorized relea.ses oi waste or pollut- 
ants to the environment; provided that wastes, pollutants, or contami- 
nated materials removed from the immediate place of release shall be dis- 
charged according to the SWRCB-promulgated sections of Article 2. 
Subchapter 2. Chapter 3, Subdivision 1 of this division (§20200 et .seq.); 
and further provided that remedial actions intended to contain such 
wastes at the place of release shall implement applicable SWRCB- pro- 
mulgated provisions of this division to the extent feasible. 

(e) Gas Condensate — Discharges of condensate from methane gas re- 
covery operations at classified Units if the following conditions are met: 

( 1 ) condensate shall have no chemical additives which could adverse- 
ly affect containment features, and shall consist only of water and liquid 
contaminants removed from gas recovered at a Unit; 

(2) except as otherwise provided in §20200(d) regarding MSW land- 
fills, condensate shall either be discharged to a different landfill that has 
a leachate collection and removal system and that is operated under 
WDRs issued by the RWQCB, or returned to the Unit(s) from which it 
came; and 

(3) the discharger shall submit a report of waste discharge to the 
RWQCB, pursuant to Chapter 9. Division 3, Title 23 of this code, and 
shall discharge condensate only in compliance with WDRs. 

(f) Soil Amendments — Use of nonhazardous decomposable waste as 
a soil amendment pursuant to applicable best management practices, pro- 
vided that RWQCBs may issue waste discharge or reclamation require- 
ments for such use. 

(g) Drilling Waste — Discharges of drilling mud and cuttings from 
well-drilling operations, provided that such discharges are to on-site 
sumps and do not contain halogenated solvents, and further provided 
that, at the end of drilling operations, the discharger either: 

( 1 ) removes all wastes from the sump; or 

(2) removes all free hquid from the sump and covers residual solid and 
semi-solid wastes, provided that representafive sampling of the sump 
contents after liquid removal shows residual solid wastes to be nonhaz- 
ardous. If the sump has appropriate containment features, it may be re- 
used. 

(h) Reuse — Recycling or other use of materials salvaged from waste, 
or produced by waste treatment, such as scrap metal, compost, and re- 
cycled chemicals, provided that discharges of residual wastes from re- 
cycHng or treatment operations to land shall be according to applicable 
provisions of this division. 

(i) Fully Enclosed Units — Waste treatment in fully enclosed facilities, 
such as tanks, or in concrete-lined facilities of limited areal extent, such 
as oil-water separators designed, constructed, and operated according to 
American Petroleum Institute specifications. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13142, 
13260 and 13269, Water Code. 

§ 201 00. [Reserved by SWRCB.] 

§ 201 1 0. [Reserved by SWRCB.] 

§ 201 20. [Reserved by SWRCB.] 

§ 201 30. [Reserved by SWRCB.] 

§20140. [Reserved by SWRCB.] 



Page 603 



Register 2003, No. 9; 2-28-2003 



§ 20150 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Chapter 2. Definitions 



Article 1. Statutory Definitions 

§ 20150. CIWMB— General. (T14:§17225, 17258.2) 

Unless the context requires another construction, the definitions set 
forth in this chapter and in Division 30 of the Pubhc Resources Code shall 
govern the construction of this Subdivision. No definitions which are 
present in Division 30 of the Public Resources Code are repeated herein. 
Consequently, those definitions should be read in conjunction with the 
ones set forth herein. 

NOTE: Authority cited: Section 1038. Water Code. Reference: Sections 43020, 
43021, 43103 and 43128, Public Resources Code. 

History 
1 . New chapter 2. article 1 (sections 20150-20 1 63) and section filed 6-1 8-97; op- 
erative 7-18-97 (Register 97, No. 25). 

§ 201 63. SWRCB— Statutory Definitions. (CI 5: §2600) 

Except as otherwise indicated in this article, definitions of terms used 
in the SWRCB-promulgated portions of this subdivision shall be those 
set forth in Division 7 (commencing with Section 13000) of the Water 
Code, or Chapter 6.5 of Division 20 of the Health and Safety Code (com- 
mencing with Section 25100). 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172, 
Water Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Article 2. Specific Definitions 

§ 201 64. Combined CIWIVIB & SWRCB Technical 

Definitions. [CIWMB T14:§1 7225.1- 17225.74, 
§17258.2, 17761,18200.1, 18251, 18011, 18231, 
18281 //SWRCB CI 5: §2601] 

[Note: This section contains the SWRCB 's and the CIWMB 's technical 
definitions, combined and listed in alphabetical order. Each agency is 
responsible for adopting its own definitions within this combined listing. 
Unless otherwise stated in a given regulation, it is the intent of the 
SWRCB and CIWMB that each agency 's definitions function for the other 
agency (e.g., when the CIWMB uses a term adopted by the SWRCB, or 
vice versa, the term has the same meaning as defined by the agency that 
adopted the term).] 

"Abandoned site" (CIWMB) means a site where there is no responsi- 
ble party. 

"Abandoned Vehicles" (CIWMB) includes vehicles, with or without 
motor power, including cars, trucks, trailers, mobile homes, buses, etc., 
left on public or private property for an extended period of time and usu- 
ally in an inoperable or hazardous condition. 

"Acceptance for filing" (CIWMB) means the enforcement agency has 
determined that the application package is complete and correct and the 
specified permit action time frames contained in Chapter 4 of this subdi- 
vision commence. 

"Active" (CIWMB) for CIWMB promulgated sections means the pe- 
riod when waste is being accepted for disposal at a disposal site. 

"Active Face" (CIWMB) means the working surface of a landfill upon 
which solid wastes are deposited during the landfill operation, prior to the 
placement of cover material. 

"Active life" or "operating life" (SWRCB) means the period during 
which wastes are being discharged to a waste management unit. The ac- 
tive life continues until final closure of the waste management unit has 
been initiated pursuant to this subdivision. For surface impoundments, 
the active life includes any time when the impoundment contains liquid, 
including waste and leachate. 



"Affected medium" (SWRCB) means any natural medium that con- 
sists of or contains waters of the state (e.g., ground water, surface water, 
or the unsaturated zone) that has been affected by a release from a waste 
management unit. 

"Agricultural Solid Wastes" (CIWMB) include wastes resulting from 
the production and processing of farm or agricultural products, including 
manures, prunings and crop residues wherever produced. 

"Airport" (CIWMB) means public-use airport open to the public 
without prior permission and without restrictions within the physical ca- 
pacities of available facilities. 

"Alternafive Daily Cover" (CIWMB) see "cover material". 

"Annular Seal" (CIWMB) the seal placed in the space between the 
casing in a well and the wall of the hole, or between two concentric strings 
of casing, or between casing and tubing. 

"Approval Agency" (CIWMB) includes any agency with regulatory 
powers regarding solid waste generation, collection, transportation, pro- 
cessing or disposal and includes, but is not limited to the CIWMB, the 
Department of Toxic Substances Control. California Regional Water 
Quality Control Boards, local air districts, local enforcement agencies, 
local health enUties and local land use authorities. 

"Approved closure plan" (SWRCB) means the portion of a waste man- 
agement unit's (Unit's) final closure and post-closure maintenance plan 
that describes all acUons necessary to prepare the Unit for post-closure 
maintenance, and that has been approved by the RWQCB and by any oth- 
er state and local agencies having purview over that plan. 

"Aquifer" (SWRCB) means a geologic formation, group of forma- 
tions, or part of a formation capable of yielding a significant amount of 
ground water to wells or springs. 

"Attitude" (SWRCB) means either the orientaUon in space of a geo- 
logic structural feature or the structural element position of a geologic 
bed. stratum, fracture, or surface relative to the horizontal. 

"Background" (SWRCB) means the concentrations or measures of 
constituents or indicator parameters in water or soil that has not been af- 
fected by waste constituents or leachate from the waste management unit 
being monitored. 

"Background Monitoring Point" (SWRCB) (as capitalized) means a 
well, device, or location specified in the waste discharge requirements at 
which monitoring for background water quality or background soil quali- 
ty is conducted. 

"Background plot" (SWRCB) means an area adjacent to a land treat- 
ment unit that can reasonably be expected to have the same, or similar soil 
conditions as were present at the land treatment unit prior to discharges 
of waste. 

"Baling" (CIWMB) includes the process of compressing and binding 
solid wastes. 

"Bench" (CIWMB) means a terrace or comparatively level platform 
breaking the continuity of a slope. 

"Best management practice(s)" (SWRCB) means a practice, or combi- 
nation of practices, that is the most effective and feasible means of con- 
trolling pollution generated by nonpoint sources for the attainment of wa- 
ter quality objecfives. 

"Bird hazard" (CIWMB) means an increase in the likelihood of bird/ 
aircraft collisions that may cause damage to the aircraft or injury to its 
occupants. 

"Bulky Waste" (CIWMB) includes large items of solid waste such as 
appliances, furniture, large auto parts, trees, branches, stumps and other 
oversize wastes whose large size precludes or complicates their handling 
by normal collecUon, processing or disposal methods. 

"CAI Units" (SWRCB) means waste management units that were 
closed, abandoned, or inactive prior to November 27, 1984. 

"Capillary force(s)" (SWRCB) means the adhesive force between liq- 
uids and solids which, in the case of ground water hydrology, causes soil- 
pore liquid to move in response to differences in matric potential. This 
effect causes ground water to rise from a saturated zone into the unsatu- 
rated zone, thereby creating a capillary fringe. 



• 



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"Cell" (CIWMB) means that portion of compacted solid wastes in a 
landl'iJi that is enclosed by natural soil or cover material during a desig- 
nated period. 

"Certified Engineering Geologists" (CIWMB) means a registered 
geologist, certified by the State of California, pursuant to section 7842 
of the Business and Professions Code. 

"CIWMB" (CIWMB) means the California Integrated Waste Man- 
agement Board, which is the lead agency for implementing the State mu- 
nicipal solid waste permit program that is deemed to be adequate by US 
EPA under regulations published pursuant to sections 2002 and 4005 of 
RCRA. 

"Classified waste management unit" or "classified Unit" (SWRCB) 
means a waste management unit (as defined in this section) that has been 
classified by a Regional Water Quality Control Board according to the 
provisions of Article 3 Subchapter 2, Chapter 3 of this division (§20240 
et seq.). 

"Classified Unit" — see" 'classified waste management unit' or 'clas- 
sified Unit" " 

"CLGB" — see "concentration limit" 

"Closed Site" (CIWMB) means a disposal site that has ceased accept- 
ing waste and was closed in accordance with applicable statutes, regula- 
tions, and local ordinances in effect at the time. 

"Closure" (SWRCB) means the process during which a waste man- 
agement unit (Unit), or portion thereof, that is no longer receiving waste, 
is undergoing all operations necessary to prepare the Unit (or portion 
thereof, as appropriate) for post-closure maintenance in accordance with 
an approved plan for closure, or partial final closure as appropriate. 

"Closure Plan" (CIWMB) as used in this division refers to prelimi- 
nary, final, and/or partial final closure plans as appropriate. 

"COC" or "COCs" — see "Constituents Of Concern" 

"Coefficient of variation" (SWRCB) means the standard deviation di- 
vided by the mean. It is a statistical measure of the dispersion of individu- 
al samples relative to the mean value of the samples. 

"Collection" (CIWMB) means the act of collecting solid waste at the 
place of waste generation by an approved collection agent (public or pri- 
vate) and is distinguished from "removal." 

"Collection Vehicle or Equipment" (CIWMB) includes any vehicle or 
equipment used in the collection of residential refuse or commercial solid 
wastes. 

"Commercial Solid Wastes" (CIWMB) include all types of solid 
wastes generated by stores, offices and other commercial sources, ex- 
cluding residences, and excluding industrial wastes. 

"Concentration limit" (SWRCB) means the value for a constituent 
specified in the water quality protection standard under §20390 and 
§20400, including but not limited to values for concentration, tempera- 
ture, pH. conductivity, and resistivity. The term can apply to a concentra- 
tion that exceeds the constituent's background concentration [i.e., a 
"concentration limit greater than background (CLGB)" as described un- 
der §20400]. 

"Concentration limit greater than background (CLGB)" — see "con- 
centration limit" 

"Confined animal facility" (SWRCB) means any place where cattle, 
calves, sheep, swine, horses, mules, goats, fowl, or other domestic ani- 
mals are corralled, penned, tethered, or otherwise enclosed or held and 
where feeding is by means other than grazing. 

"Constituent" (SWRCB) means an element or compound which oc- 
curs in or is likely to be derived from waste discharged to the waste man- 
agement unit. 

"Constituent(s) of concern" or "COC(s)" (SWRCB) means any waste 
constituent(s), reaction product(s), and hazardous constituent(s) that is 
reasonably expected to be in or derived from waste contained in a waste 
management unit. 

"Construction and Demolition Wastes" (CIWMB) include the waste 
building materials, packaging and rubble resulting from construction, re- 



modeling, repair and demolition operations on pavements, houses, com- 
mercial buildings and other structures. 

"Construction quality assurance" or "CQA" (SWRCB) means a 
planned system of activities that provides assurance that the facility, or 
component thereof, is constructed as specified in the approved design. As 
used in these regulations, the term includes "Construction quality con- 
trol" or "CQC^\ a planned system of inspections that is used to directly 
monitor and control the quality of a construction project. 

"Containment" (SWRCB) means the use of waste management unit 
characteristics or installed systems and structures to prevent or restrict 
the release of waste constituents, including waste constituents mobilized 
as a component of leachate or of landfill gas. 

"Containment feature" (SWRCB) means any feature, whether natural 
or artificial, used to contain waste constituents, including waste constitu- 
ents mobilized as a component of leachate or of landfill gas. 

"Containment structure" (SWRCB) means an artificial feature de- 
signed and installed to contain waste constituents, including waste con- 
stituents mobilized as a component of leachate or of landfill gas. 

"Contaminated materials" (SWRCB) means materials that contain 
waste constituents or leachate. 

"Control chart" (SWRCB) means a graphical method for evaluating 
whether a process is or is not in a state of statistical control. 

"Coverage" (SWRCB), when applied to financial assurance, means 
the amount of funds the discharger must make available for a known 
eventuality {e.g., closure) or potential eventuality (e.g., corrective ac- 
tion). 

"Cover Material" (CIWMB) means soils/earthen materials or alterna- 
tive materials used in covering compacted solid wastes in a disposal site. 
Cover material may serve as daily, intermediate or final cover. "Alterna- 
tive Daily Cover" means cover material other than at least six inches of 
earthen material, placed on the surface of the active face at the end of each 
operating day to control vectors, fires, odors, blowing litter, and scaveng- 
ing. "Daily Cover Material" includes that cover material placed on the 
entire surface of the active face at least at the end of each operating day 
in order to control vectors, fire, odors, blowing litter and scavenging. "Fi- 
nal Cover Material" means cover material that represents the permanent- 
ly exposed final surface of a fill. "Intermediate Cover Material" means 
cover material placed on all fill surfaces where additional cells are not to 
be constructed for 180 days or more to control vectors, fires, odors, blow- 
ing litter, scavenging, and drainage. Intermediate cover does not include 
final cover as defined in this section. 

"CQA" — see "construction quality assurance" 

"CQC" — refer to "construction quality assurance" 

"Critical Slope" (SWRCB) means a potential slip surface or slope on 
a site that has the lowest factor of safety. 

"Cross-contamination" (SWRCB) means a condition created when a 
drill hole, boring, or improperiy-constructed well forms a pathway for 
fluid movement between a saturated zone which contains pollutants and 
a formerly separated saturated zone containing unconlaminated ground 
water. 

"Cutoff wall" (SWRCB) means a subsurface barrier to lateral fiuid 
movement which extends from in-place natural geologic materials 
(which have the required hydraulic conductivity) to ground surface. 

"Day" (CIWMB) means calendar day unless otherwise specified. 

"Dead Animals" (CIWMB) include those animals whose carcasses or 
parts thereof require disposal. 

"Decomposable waste" (SWRCB) means waste which, under suitable 
natural conditions, can be transformed through biological and chemical 
processes into compounds which do not impair the quality of waters of 
the state. Nevertheless, incomplete decomposifion may result in some 
water quality degradafion (e.g., hardness, taste, odor, etc.). 

"Decomposition Gases" (CIWMB) include gases produced by chemi- 
cal or microbial acfivity during the decomposifion of solid waste. 



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"Dedicated" (SWRCB), when applied to a waste management unit 
(Unit), means the Unit is used exclusively for discharges of particular 
wastes. 

"Dendritic" (SWRCB) when applied to a waste management unit's 
subdrain system, means that this system is arranged in a branching pat- 
tern. 

"Designated waste" (SWRCB) has the same meaning as under Cali- 
fornia Water Code § 1 3 1 73. 

"Dewatered sludge" (SWRCB) means residual semi-solid waste from 
which free liquid has been evaporated or otherwise removed. 

"Discharger" (SWRCB) means any person who discharges waste 
which could affect the quality of waters of the state, and includes any per- 
son who owns a waste management unit (Unit) or who is responsible for 
the operation of a Unit. When referring to dischargers of hazardous 
waste, the terms "discharge" and "waste" in this definition have the same 
meaning as they would have under the definitions for these terms pro- 
vided in section 66260. 10 of Chapter 1 1 of Division 4.5 of Title 22, CCR, 
effective July 1, 1991. 

"Discrete unit" (CIWMB) means any portion of the disposal area that 
can be individually monitored. 

"Disposal Area" (CIWMB) means that portion of a disposal site which 
has received or is receiving solid wastes. 

"Dump" (CIWMB) means a disposal site which has waste exposed to 
the elements, vectors and scavengers. 

"Dynamic Conditions" (CIWMB) means under transitory loading 
conditions, such as during an earthquake. 

"EA" (CIWMB) means enforcement agency as defined in PRC 
§401 30. 

"Earthquake Magnitude" (CIWMB) means the Richter scale of earth- 
quake magnitude used to express the total energy of an earthquake. 

"Electrical conductivity" (SWRCB) means the relative ability of wa- 
ter to conduct electrical current. It depends on the ion concentration of 
and can be used to approximate the total filterable residue (total dissolved 
solids) in the water. 

"Environmental Control System" (CIWMB) means a system to pre- 
vent the release of waste constituents from the containment structures of 
sites. Environmental control system for the purpose of this definition 
does not include systems which primary function is to protect water qual- 
ity. 

"Excess exposure" (SWRCB) means that, for an organism exposed to 
a release from a waste management unit, the combined effect of all haz- 
ardous constituents in the organism's environment is such that the organ- 
ism will suffer some measurable adverse effect on health or reproductive 
success, which effect is partly or wholly attributable to the release. 

"Existing" (SWRCB), when describing a waste management unit 
(e.g., "e.xisting surface impoundment", or "existing Unit"), means that 
the waste management unit in question was operating, or had received all 
permits necessary for construction and operation, on or before November 
27, 1984, pursuant to §20080(d). 

"Existing Footprint" (SWRCB) (as capitalized) means the area of 
land, at an MSW landfill, that is covered by waste as of the date that land- 
fill became subject to the federal regulations of 40 CFR Part 258, pur- 
suant to §258.1 of that part, as published in the Federal Register of Octo- 
ber 1, 1993 (Volume 58, No. 189, pages 51546 and 51547). [Note: see 
also definitions for "Federal Deadline" and "MSW landfill".] 

"Existing MSWLF unit" (CIWMB) (CIWMB usage) means any mu- 
nicipal solid waste landfill unit that is receiving solid waste as of the ap- 
propriate dates specified in Section 20060. Waste placement in existing 
units must be consistent with past operating practices or modified prac- 
tices to ensure good management. 

"External hydrogeologic forces" (SWRCB) means seasonal and other 
fluctuations in ground water levels, and any other hydraulic condition 
which could cause a change in the hydraulic stress on a containment 
structure. 

"Facility" — see "waste management facility" 



"Facility Boundary" (CIWMB) means the boundary surrounding the 
entire area on which solid waste facility activities occur and are per- 
mitted. 

"Facility wastewater" (SWRCB) means all wastewater, from whatev- 
er source, produced at a confined animal facility. 

"Factor of safety" (SWRCB) means the ratio of forces resisting slope 
or foundation failure over forces driving slope or foundation failure. 

"Federal Deadline" (SWRCB) applies only to an MSW landfill, and 
means the compliance date applicable to that landfill or portion thereof 
pursuant to §258. 1(e) of the federal MSW regulations (40CFR258), as 
revised in the Federal Register of October 1. 1993 (Volume 58, No. 189, 
pages 5 1 546 and 5 1 547). The term does not mean the date an MSW land- 
fill must begin monitoring, in that all waste management units subject to 
these regulations have been required to monitor since the November 27, 
1984 version of these regulations (see §20380 et seq.). 

"Fill" (CIWMB) includes compacted solid waste and cover material. 

"Flexible membrane liner (FML)" — see "geosynthenc(s)" 

"Floodplain" (SWRCB) means the land area which is subject to flood- 
ing in any year from any source. 

"FML" — see "geosynthetic(s)" 

"Foundation Failure" (CIWMB) means the failure of a foundadon, 
soil or rock that serves to support an imposed load, along a surface of 
weakness. 

"Freeboard" (SWRCB) means the vertical distance between the low- 
est point along the top of a surface impoundment dike, berm, levee, or 
other similar feature and the surface of the liquid contained therein. 

"Free liquid" (SWRCB) means liquid which readily separates from the 
solid portions of waste under ambient temperature and pressure. Free liq- 
uids are not present when a 100 milliliter representative sample of the 
waste can be completely retained in a standard 400 micron conical paint 
filter for 5 minutes without loss of any portion of the waste from the bot- 
tom of the filter (or an equivalent test approved by the Department of 
Toxic Substances Control). 

"Garbage" (CIWMB) includes all kitchen and table food waste, and 
animal or vegetable waste that attends or results from the storage, prepa- 
ration, cooking or handling of food stuffs. 

"Geologic materials" (SWRCB) means in-place naturally occurring 
surface and subsurface rock and soil. 

"Geologist" (CIWMB) means a person who is engaged in professional 
geological work under the supervision of registered geologist or regis- 
tered civil engineer, who is in responsible charge of the work, pursuant 
to section 7805 of the Business and Professions Code. 

"Geomembrane" — see "geosynthetic(s)" 

"Geosynthetic(s)" (SWRCB) (n)means flexible materials in planar 
form manufactured to meet specific engineering purposes. The term in- 
cludes, but is not limited to: "geomembrane", an essentially impermeable 
membrane used as a barrier to waste solids and fluids, and synonymous 
with "synthetic liner" and "flexible membrane liner (FML)"; "geocom- 
posite liner (GCL)," a manufactured material using geotextiles, geogrids, 
geonets, and/or geomembranes in laminated or composite form; "geotex- 
tile" (including "geonet"), any permeable texfile used with foundation, 
soil, rock, earth, or any other geotechnical engineering-related material 
as an integral part of a constructed project, structure, or system. 

"Ground acceleration" (SWRCB) means acceleration of earth par- 
ticles caused by an earthquake. 

"Ground rupture" (SWRCB) means disruption of the ground surface 
due to natural or man-made forces (e.g., faulting, landslides, subsi- 
dence). 

"Ground water" (SWRCB) for the purpose of the SWRCB-promul- 
gated requirements of this subtitle, means water below the land surface 
that is at or above atmospheric pressure. 

"Grout curtain" (SWRCB) means a subsurface barrier to fluid move- 
ment, installed by injecting grout mixtures (such as cement, silicates, 
synthetic resins, etc.) to fill and seal fractures in rock. 



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""Hazardous constiluenl" (SWRCB) means a constituent identified in 
Appendix VIII to Chapter 1 1 of Division 4.5 of Title 22, CCR. or an ele- 
ment, chemical compound, or mixture of compounds which is a compo- 
nent of a waste orleachate and which has a physical or chemical property 
that causes the waste or leachate to be identified as a hazardous waste by 
the California Department of Toxic Substances Control. 

""Hazardous waste" (SWRCB) means any waste which, under Article 
1 , Chapter 1 1 , Division 4.3 (§66261.3 et seq.) of Title 22 of this code, is 
required to be managed according to Division 4.5 of Title 22 of this code. 

""Head" or ""hydraulic head" (SWRCB) means the pressure exerted by 
tluid on a given area. It is caused by the height of the fluid surface above 
the area. 

"'Holding facilities" (CIWMB) means sedimentation basins/ponds de- 
signed to control suspended solids entrained in surface run-off, prior to 
discharge. 

""Holocene fault" (SWRCB) means a fault which is or has been active 
during the last 1 1 ,000 years. 

""Household waste" (CIWMB) means any solid waste (including gar- 
bage, trash, and sanitary waste in septic tanks) derived from households 
(including single and multiple residences, hotels and motels, bunk- 
houses, ranger stations, crew quarters, campgrounds, picnic grounds, 
and day-use recreation areas). 

""Hydraulic conductivity" (SWRCB) means the ability of natural and 
artificial materials to transmit fluid. For water, including aqueous solu- 
tions, the term is expressed as a measure of the rate of flow (e.g., cubic 
centimeters per second) one can expect through a unit-area (e.g., one 
square centimeter) cross section of the material when the hydraulic gradi- 
ent is unity (e.g., one centimeter of head loss per centimeter of travel 
through the material). The resulting numerical value is expressed in ve- 
locity units (e.g., centimeters per second). 

""Illegal Site" (CIWMB) means a disposal site that is not permitted and 
not exempt from obtaining a permit and is not closed or excluded from 
the requirement to obtain a SWFP. 

"Inactive" (SWRCB) means a temporary status of a waste manage- 
ment unit (Unit), following the initial receipt of waste, in which the Unit 
is no longer receiving waste. 

""Inactive mining waste management unit" (SWRCB) means any area 
containing mining wastes which is located at a present or former mining 
or milling site, and where all mining operations and discharges of mining 
waste ended and have not been resumed for 5 years, or more. 

'"Inactive Site" (CIWMB) means a site that is temporarily idle for a 
specific period due to known circumstances and not part of the normal 
operation pattern contained in the solid waste facility permit. 

""Incinerator" (CIWMB) includes any equipment used for the volume 
reduction or destruction of combustible wastes by burning, from which 
the exhaust gases pass through a flue. 

""Incinerator Residue" (CIWMB) includes the solid materials remain- 
ing after reduction in an incinerator. 

"'Independent sample" (SWRCB) means an individual sample of a 
monitored medium, obtained from a given Monitoring Point, that: 

(1 ) does not contain a parcel of the medium that has been previously 
sampled at that Monitoring Point sufficient to cause a measurable effect 
in the analytical results; and 

(2) has not been otherwise affected differently than any other individu- 
al sample or group of samples with which it will be compared. 

In applying No. 1, above, to ground water monitoring, the parcel of 
water of interest is the parcel of water that was in the well bore at the time 
of any previous sampling event. 

"Indicator parameters" (SWRCB) means measurable physical or 
chemical characteristics of water or soil-pore moisture which are used 
to detect the presence of waste constituents in water or soil-pore mois- 
ture, or the effects of waste constituents on waters of the state. 

""Industrial Wastes" (CIWMB) include all types of solid wastes and se- 
mi-solid wastes which result from industrial processes and manufactur- 
ing operations. 

"'Inert waste" (SWRCB) means the same as under §20230(a). 



"Interim cover" (SWRCB) means the same as under §20705(a). 

"Intermediate cover" (SWRCB), when used in an SWRCB-promul- 
gated requirement applicable to a waste pile waste management unit, has 
a meaning identical to the CIWMB' s definition of the term as it applies 
to landfills {under the defhulion for "cover material" in this section). 

"Iso-settlemenl map" (SWRCB) means a contour map showing lines 
of equal settlement of a landfill over a period of time. 

■"Land application unit" (CIWMB) means an area where wastes are 
applied onto or incorporated into the soil surtace (excluding manure 
spreading operations) for agricultural purposes or for treatment and dis- 
posal. 

""Landfill" (SWRCB) means a waste management unit at which waste 
is discharged in or on land for disposal. It does not include surface im- 
poundment, waste pile, land treatment unit, injection well, or soil amend- 
ments. [Note: see also the definition of "waste management unit" and 
§§20090(c&f).] 

""Landfill gas condensate" (SWRCB) means liquids which are re- 
moved from a gas control system at a landfill and which are produced by 
the condensation of landfill gas being conveyed by that system. The term 
ceases to apply to such liquid upon its being treated to the extent that it 
no longer contains any constituent of concern whose concentration ex- 
ceeds the water quality objectives of ground water in the uppermost aqui- 
fer underlying the waste management unit. [Note: see also §20200(d). ] 

""Land treatment unit" (SWRCB) means a waste management unit 
(Unit) at which liquid and solid waste is discharged to, or incorporated 
into, soil for degradafion, transformation, or immobilization within the 
treatment zone. Such Units are disposal Units if the waste will remain af- 
ter closure. [Note: see also the definition of "waste management unit" 
and §20090(f).] 

"'Lateral expansion" (CIWMB) means a horizontal expansion beyond 
the disposal area boundary. 

"Lateral expansion (beyond Existing Footprint)" (SWRCB) applies 
only to an existing MSW landfill that is subject to the federal regulations 
under 40 CFR 258, and means any portion of the landfill whichSin map 
view — is contiguous with the landfilfs Exisfing Footprint (as defined in 
this section) and which receives waste after the landfill's Federal Dead- 
line (as defined in this section). 

"Lateral expansion (of RWQCB-Permitted Area)" (SWRCB), for any 
new or exisfing waste management unit (Unit), means any increase — in 
map view — of the Unit's RWQCB-Permitted Area (as defined in this 
section) 

"LCRS" — see "leachate collection and removal system" 

'"Leachate" (SWRCB) means any liquid formed by the drainage of liq- 
uids from waste or by the percolation or flow of liquid through waste. It 
includes any consfituents extracted from the waste and dissolved or sus- 
pended in the fluid. The term ceases to apply to such liquid upon its being 
mingled with ground water outside the Unit' s liner system. The term also 
ceases to apply to such liquid upon its being treated to the extent that it 
no longer contains any constituent of concern whose concentration ex- 
ceeds the water quality objectives of ground water in the uppermost aqui- 
fer underlying the waste management unit. 

"'Leachate collecfion and removal system" or "LCRS" (SWRCB) 
means that porfion of a waste management unit's containment system 
that is designed and constructed (pursuant to §20340) to collect all lea- 
chate that reaches it, and to convey such leachate to a designated collec- 
tion area to minimize the buildup of leachate head on any underiying lin- 
er. The term does not include systems that are designed to collect ground 
water outside the Unit's liner, if any, including ground water that has 
been polluted by leachate. 

"Liner" (SWRCB) means a confinuous layer of natural or artificial 
material, or a continuous membrane of flexible artificial material, or a 
continuous composite layer consisting of a membrane of flexible artifi- 
cial material directly overiying a layer of engineered natural material, 
which is installed beneath or on the sides of a waste management unit 
(Unit), and which acts as a barrier to both vertical or lateral fluid move- 
ment. 



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"Liner system" (SWRCB) means the entire sequence of individual lin- 
ers, composite liners, and leachate collection system(s) which prevent or 
minimize releases from the waste management unit. 

■'Liquefaction" (SWRCB) means the process resulting from seismic 
or other shaking whereby solid granular material takes on the flowing 
characteristics of a hquid. 

"Liquid waste" (SWRCB) means any waste materials which are not 
spadable. 

"Litter" (CIWMB) means all solid waste which has been improperly 
discarded at any location or which has migrated by wind or equipment 
away from the unloading area of a solid waste facility, disposal site or op- 
eration. Litter includes, but is not limited to, convenience food, beverage, 
and other product packages or containers constructed of steel, aluminum, 
glass, paper, plastic, and other natural and synthetic materials, thrown or 
deposited on the lands and waters of the state, but not including the prop- 
erly discarded waste of the primary processing of agriculture, mining, 
logging, sawmilling, or manufacturing. 

"Local Air District" (CIWMB) means the local Air Quality Manage- 
ment District (AQMD) or the local Air Pollution Control District 
(APCD). 

"Local Government" (CIWMB) is a local public entity which is a 
county, city, district, or any other special political subdivision, but is not 
the State. 

"Manure" (SWRCB) means the accumulated moist animal excrement 
that does not undergo decomposition or drying as would occur on open 
grazing land or natural habitat. This definition shall include feces and 
urine which may be mixed with bedding materials, spilled feed, or soil. 

"Maximum credible earthquake" (SWRCB), or "MCE" (SWRCB), 
means the maximum earthquake that appears capable of occurring under 
the presently known geologic framework. In determining the maximum 
credible earthquake, little regard is given to its probability of occurrence 
except that its likelihood of occurring is great enough to be of concern. 
The term describes an event that could be approached more frequently 
in one geologic environment than in another; therefore, the following 
factors haveabearingupon the derivation of the MCEfor any given facil- 
ity: 

(a) the seismic history of the vicinity and of the geologic province; 

(b) the length of the significant fault or faults which can affect the site 
within a radius of 62 miles (100 kilometers) of the facility boundary; 

(c) the type(s) of faults involved; 

(d) the tectonic and/or structural history; and 

(e) the tectonic and/or structural pattern or regional setting (geologic 
framework); nevertheless 

(0 the time factor shall not be a parameter. 

"Maximum probable earthquake", or "MPE" (SWRCB), means the 
maximum earthquake that is likely to occur during a 100-year interval. 
The term describes a probable occurrence, rather than an assured event 
that will occur at a specific Ume; therefore, the following factors have a 
bearing upon the derivation of the MPE for a given facility: 

(a) the regional seismicity, considering the known past seismic activ- 
ity; 

(b) the fault or faults within a 62 mile (100 kilometer) radius from the 
facility boundary that may be active within the 100 years following first 
acceptance of waste; 

(c) the type(s) of faults considered; 

(d) the seismic recurrence factor for the area described in 1(b), above, 
and for any faults (when known) within that area; and 

(e) the mathematic probability analysis (or statisfical analysis) of seis- 
mic activity associated with the faults included in the area described un- 
der ^(b), above, including a graphical plot of recurrence information. 

Nevertheless, the postulated magnitude of the MPE is superseded by 
any more powerful seismic event that has occurred within historic fime 
in the area described under f{h), above. 

"Measurably significant" (SWRCB) means a change in the Monitor- 
ing Point data that, relative to the reference background value (or other 
approved reference value or distribution), is sufficient to indicate that a 



release has occurred, pursuant to the applicable data analysis method (in- 
cluding its corresponding trigger). 

"Medical Waste" (CIWMB) means waste regulated pursuant to the 
Medical Waste Management Act, Part 14 (commencing with Secfion 
1 1 7600) of Division 104 of the Health and Safety Code. 

"Mining waste" (SWRCB) means all waste materials (solid, semi-so- 
lid, and liquid) from the mining and processing of ores and minerals in- 
cluding soil, waste rock, and other forms of overburden as well as tail- 
ings, slag, and other processed mining wastes. 

"Moisture-holding capacity" (SWRCB) means the amount of liquid 
which can be held against gravity by waste materials without generafing 
free liquid. 

"Monitoring parameter" (SWRCB) means one of the set of parameters 
specified in the waste discharge requirements for which monitoring is 
conducted. Monitoring parameters include physical parameters, waste 
constituents, reacfion products, and hazardous constituents, that provide 
a reliable indication of a release from a waste management unit. 

"Monitoring Point" (SWRCB) (as capitalized) means a well, device, 
or locafion specified in the waste discharge requirements at which moni- 
toring is conducted and at which the water quality protection standard, 
under §20390, applies. 

"Municipal solid waste," or "MSW" (SWRBC) has the same meaning 
as under 40 CFR, Part 258. 

"MSW landfill" or "municipal solid waste landfill unit" (SWRCB) 
means any landfill that is subject to the federal regulations of 40CFR258. 
including any portion of a disposal site that is subject to those regulations. 
The term includes any landfill, other than a Class I landfill, that received 
municipal solid waste (MSW) at any fime and that has received any solid 
waste since October 9, 1991; therefore, the term does not include any 
landfill that stopped receiving waste prior to that date. 

"New Unit" (SWRCB), when appfied to a waste management unit 
(Unit) or portion thereof, means that the Unit (or portion thereof) began 
operating, or had received all permits necessary for construction and op- 
eration, after November 27, 1984, pursuant to §20080(d). 

"New MSWLF unit" (CIWMB) means any municipal solid waste 
landfill unit that has not received waste prior to the operative date of Oc- 
tober 9, 1993, or prior to October 9, 1997 if the MSWLF unit meets the 
condifions of 40 CFR 258.1(f)(1). 

"Nonhazardous solid waste" (SWRCB) has the same meaning as un- 
der §20220(a). 

"Nuisance" (SWRCB) has the same meaning as under Water Code 
§13050(m). 

"Nuisance" (CIWMB) for CIWMB-promulgated secfions includes 
anything which is injurious to human health or is indecent or offensive 
to the senses and interferes with the comfortable enjoyment of life or 
property, and affects at the same time an entire community, neighbor- 
hood, household or any considerable number of persons although the ex- 
tent of annoyance or damage inflicted upon an individual may be unequal 
and which occurs as a result of the storage, removal, transport, processing 
or disposal of solid waste. 

"On-site" (CIWMB) means located within the permitted boundary. 

"Open burning" (CIWMB) means the combusfion of solid waste with- 
out: 

( 1 ) Control of combustion air to maintain adequate temperature for ef- 
ficient combusfion, 

(2) Containment of the combustion reaction in an enclosed device to 
provide sufficient residence time and mixing for complete combustion, 
and 

(3) Control of the emission of the combusfion products. 
"Operafing" (CIWMB) means currently acfive or the period of site ac- 

fi vity from the first receipt of waste until the final receipt of waste consis- 
tent with the normal pattern of operation in the solid waste facility permit. 

"Operating" (SWRCB) — see "acfive life" 

"Operafing Area" (CIWMB) means that portion of a solid waste facil- 
ity which is currently in use for the unloading, management or disposal 
of wastes. 



Page 608 



Register 2003, No. 9; 2-28-2003 



Title 27 



Solid Waste 



§ 20164 



•■Operating life" (SWRCB) — see "aclive life" (SWRCB) 
■'Operator" (CIWMB) means the landowner or other person who 
through a lease, franchise agreement or other arrangement with the land- 
owner becomes legally responsible to the State for including, but not lim- 
ited to, the following requirements for a solid waste facility or disposal 
site: 

(A) obtaining a solid waste facility permit: 

(B) complying with all applicable federal, state and local require- 
ments: 

(C) the physical operation of the facility or site; and 

(D) closing and maintaining the site during the postclosure mainte- 
nance period. 

■'Overpulling" (CIWMB) means excessive air intrusion into a disposal 
site during gas extraction to control the migration of landfill gas or to in- 
crease the production of landfill gas in an energy production system or 
Hare. 

"Partial Final Closure" (CIWMB) means the closure of discrete units 
ol' a site consistent with the approved closure and postclosure mainte- 
nance plan. 

"Peak stream flow" (SWRCB) means the maximum expected flow of 
surface water at a waste management facility from a tributary watershed 
lor a given recurrence interval. 

"Peer-reviewed" (CIWMB) means published and independently re- 
viewed by other experts within the same academic field. 

"Perched ground water" (SWRCB) means a body of unconfined 
ground water separated from the zone of saturation by a portion of the 
unsaturated zone. Such perched water can be either permanent or ephem- 
eral. 

"Permeability" (SWRCB) means the ability of natural and artificial 
materials to transmit fluid. 

"Physical parameter" (SWRCB) means any measurable physical 
characteristic of a substance including, but not limited to, temperature, 
electrical conductivity, pH. and specific gravity. 

"Point of Compliance" (SWRCB) (as capitalized) means a vertical 
surface located at the hydraulically downgradient limit of a waste man- 
agement unit (Unit) and that extends through the uppermost aquifer un- 
derlying the Unit. 

"Post-closure maintenance" (SWRCB) means all activities undertak- 
en at a closed waste management unit to maintain the integrity of contain- 
ment features and to monitor compliance with applicable performance 
standards. 

"Post-closure maintenance period" (SWRCB) means the period after 
closure of a waste management unit (Unit) during which the waste in the 
Unit could have an adverse effect on the quality of the waters of the state. 

"Postclosure maintenance plan" (CIWMB) as used in this division re- 
fers to preliminary, final, and/or partial final postclosure maintenance 
plans as appropriate. 

■■Premises" (CIWMB) includes a tract or parcel of land with or without 
habitable buildings or appurtenant structures. 

"Principal Gases" (CIWMB) means the organic or inorganic constitu- 
ents of landfill gas, greater than one percent by volume, that typically in- 
clude carbon dioxide, methane, oxygen, and nitrogen. 

■'Private Access" (CIWMB) means that public access and disposal are 
not allowed. 

"Probable maximum precipitation" (SWRCB) means the esfimated 
amount of precipitation for a given duration, drainage area, and time of 
year, which approaches and approximates the maximum that is physical- 
ly possible within the limits of contemporary hydrometeorological 
knowledge and techniques. The term describes a precipitauon event that 
has virtually no risk of being exceeded. 

"Professional Land Surveyor" (CIWMB) means a land surveyor li- 
censed by the State of California pursuant to section 8747 of the Business 
and Professions Code. 



■'Putrescible Wastes" (CIWMB) include wastes that are capable of be- 
ing decomposed by micro-organisms with sufficient rapidity as to cause 
nuisances because of odors, gases or other offensive conditions. 

"P-value" (SWRCB) means the smallest significance level for which 
the null hypothesis would be rejected, based on the data that was actually 
observed. 

"Rapid geologic change" (SWRCB) means alteration of the ground 
surface through such actions as landslides, subsidence, liquefaction, and 
faulting. 

"R Chart (range chart)" (SWRCB) means a control chart for evaluat- 
ing the variability within a process in terms of the subgroup range R. 

■■Reconstruction" (SWRCB) means modification to an existing waste 
management unit (Unit) which entails costs amounting to 50 percent or 
more of the iniUal cost of the Unit. 

"Refuse" (CIWMB) includes garbage and rubbish. 

"Regional Water Quality Control Board" — see "RWQCB" 

"Registered Civil Engineer" (CIWMB) means a civil engineer regis- 
tered by the State of California, pursuant to section 6762 of the Business 
and Professions Code. 

"Registered Geologist" (CIWMB) means a geologist registered by the 
State of California, pursuant to section 7842 of the Business and Profes- 
sions Code. 

"Regulated Hazardous Waste" (CIWMB) means a hazardous waste, 
as defined in §66260.10 of Division 4.5 of Title 22 of this code. 

"Relative compaction" (SWRCB) means the degree of compaction 
achieved, as a percentage of the laboratory compaction, in accordance 
with accepted civil engineering practices. 

"Removal" (CIWMB) means the act of taking solid wastes from the 
place of waste generation either by an approved collection agent or by a 
person in control of the premises. 

"Removal Frequency" (CIWMB) means frequency of removal of sol- 
id wastes from the place of waste generation either by an approved col- 
lection agency or by the owner of the waste, or frequency of removal of 
recyclables at facilities which separate recyclables from the waste 
stream. 

"Rubbish" (CIWMB) includes non-putrescible solid wastes such as 
ashes, paper, cardboard, tin cans. wood, glass, bedding, crockery, plas- 
tics, rubber by-products or litter. 

"Run-off (SWRCB) means any precipitation, leachate. or other liq- 
uid that drains from any part of a waste management unit (Unit). 

"Run-on" (SWRCB) means any precipitation or other liquid that 
drains onto any part of a waste management unit. 

"RWQCB" or "Regional Water Quality Control Board" (SWRCB) 
has the same meaning as does the latter term, as described under Division 
7 of the California Water Code. 

"RWQCB-Permitted Area" (SWRCB) (as capitalized) means the por- 
tion of land designated in WDRs for the discharge of waste at a waste 
management unit. 

"Salvaging" (CIWMB) means the controlled removal of waste materi- 
al for utilization. 

"Saturated zone" (SWRCB) means an underground zone in which all 
openings in and between natural geologic materials are filled with water. 

"Scavenging" (CIWMB) means the uncontrolled and/or unauthorized 
removal of solid waste materials, or recyclable material at a solid waste 
facility. 

"Semi-solid waste" (SWRCB) means waste containing less than 50 
percent solids. 

"Sensitive biological receptor of concern" (SWRCB) means a mem- 
ber of any species of organism whose members are likely to be exposed 
to a release from a waste management unit and experience some measur- 
able adverse effect as a result of that exposure. 

"Septic Tank Pumpings" (CIWMB) include sludge and wastewater re- 
moved from septic tanks. 



Page 609 



Register 2003, No. 9; 2-28-2003 



§ 20164 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



"Shredding" (CIWMB) includes a process of reducing the particle size 
of solid wastes through use of grinding, shredding, milling or rasping ma- 
chines. Shredding for the purposes of this Division does not apply to 
shredding of waste tires. 

"Site-Specific" (CIWMB) means specific to the local site. 

"Slope Failure" (SWRCB) means the downward and outward move- 
ment of ground slopes (e.g., natural rock, soils, artificial fills, or continu- 
ations of these materials). 

"Sludge" (SWRCB) means residua! solids and semi-solids from the 
treatment of water, wastewater, and other liquids. It does not include liq- 
uid effluent discharged from such treatment processes. 

"Soil Engineer" (CIWIVIB) is synonymous with geotechnical engi- 
neer; means a registered civil engineer that is qualified to use the title of 
"soil engineer," pursuant to California Code of Regulations, Title 16, 
section 426..'i0. 

"Soil-pore liquid" (SWRCB) means the liquid contained in openings 
between particles of soil in the unsaturated zone. 

"Solid Waste Management" (CIWMB) includes a planned program 
for effectively controlling the generation, storage, collection, transporta- 
tion, processing and reuse, conversion or disposal of solid wastes in a 
safe, sanitary, aesthetically acceptable, environmentally sound and eco- 
nomical manner. It includes all administrative, financial, environmental, 
legal and planning functions as well as the operational aspects of solid 
waste handling, disposal and resource recovery systems necessary to 
achieve established objectives. 

"Sorbent" (SWRCB) means a substance which takes up and holds a 
liquid either by absoiption or adsorption. 

"Special Waste" (CIWMB) means "special waste" as defined in Title 
22. 

"State Minimum Standards" (CIWMB) means the following sections 
of this Subdivision for the purposes of implementing Public Resources 
Code Section 44104: 20510 to 20701, 20710 to 20937, 21 100 to 21200, 
21430 and 21600. 

"State Water Resources Control Board" — see "SWRCB" 

"Static Conditions" (SWRCB) means under conditions of no external 
motions or forces, such as those of earthquakes. 

"Statistically significant" (SWRCB) means a statistical test has a p- 
value that is small enough for the null hypothesis to be rejected. 

"Storage" (SWRCB) means the holding of waste or recyclable materi- 
als for a temporary period, at the end of which the materials either is 
treated or is discharged elsewhere. 

"Store" (CIWMB) means stockpile, accumulate for later use or dis- 
card. [Note: this standard does not apply to waste tires.] 

"Storm" (SWRCB) means the maximum precipitation for a given du- 
ration that is expected during the given recurrence interval [e.g., a 
24-hour (duration) 100 year (recurrence interval) storm]. 

"Surface impoundment" (SWRCB) means a waste management unit 
which is a natural topographic depression, excavation, or diked area, 
which is designed to contain liquid wastes or wastes containing free liq- 
uids, and which is not an injection well. 

"SWRCB" (SWRCB) means the State Water Resources Control 
Board, as described under Division 7 of the Water Code. 

"Synthetic liner" — see "geosynthetic(s)" 

"Tailings pond" (SWRCB) means an excavated or diked area which 
is intended to contain liquid and solid wastes from mining and milling 
operations. 

"Trace Gases" (CIWMB) means all other organic or inorganic com- 
pounds or elements, measured at less than one percent by volume, found 
together with the principal gases in landfill gas, and may include vinyl 
chloride, benzene, hydrogen sulfide, carbon monoxide, hydrogen, mer- 
cury, etc. 

"Transmissivity" (SWRCB) means the rate at which water of the pre- 
vailing kinematic viscosity is transmitted through a unit width of the 
aquifer under a unit hydraulic gradient. 

"Treatment" (SWRCB) means any method, technique, or process de- 
signed to change the physical, chemical, or biological characteristics of 
waste so as to render it less harmful to the quality of the waters of the state. 



safer to handle, or easier to contain or manage. The term includes use of 
waste as a fuel, nutrient, or soil amendment. 

"Treatment zone" (SWRCB) means a soil area of the unsaturated zone 
of a land treatment unit within which constituents of concern are de- 
graded, transformed, or immobilized. 

"Underlying ground water" (SWRCB), for the purposes of waste man- 
agement unit siting criteria, includes water which rises above the zone of 
saturation due to capillary forces. 

"Unit" — see "waste management unit" 

"Unsaturated zone" (SWRCB) means the zone between the ground 
surface and the regional water table or, in cases where the uppermost 
aquifer is confined, the zone between the ground surface and the top of 
the saturated portion of the aquifer's confining layer. 

"Unstable Areas" (CIWMB) means locations susceptible to natural or 
human-induced events or forces which are capable of aipturing the site 
containment structure. 

"Uppermost aquifer" (SWRCB) means the geologic formation nearest 
the natural ground surface that is an aquifer, as well as lower aquifers that 
are hydraulically interconnected with this aquifer. 

"Vector" (CIWMB) includes any insect or other arthropod, rodent, or 
other animal capable of transmitting the causative agents of human dis- 
ease, or disrupting the normal enjoyment of life by adversely affecting 
the public health and well being. 

"Waste constituent" (SWRCB) means a constituent that is reasonably 
expected to be in or derived from waste contained in a waste management 
unit. 

"Waste management facility" or "facility" (SWRCB) means the entire 
parcel of property at which waste discharge operations are conducted. 
Such a facihty may include one or more waste management units. 

"Waste management unit" or "Unit" (SWRCB) (the latter capitalized 
or in quotes at the beginning of a sentence) means an area of land, or a 
portion of a waste management facility, at which waste is discharged. 
The term includes containment features and ancillary features for precip- 
itation and drainage control and for monitoring. 

"Waste pile" (SWRCB) means a waste management unit (Unit) at 
which only noncontainerized, bulk, dry solid waste is discharged and 
piled for treatment or storage on an engineered liner system that prevents 
the waste from contacting the underiying land surface. The term does not 
include a Unit of similar construction which is used for waste disposal 
(such a Unit would be a landfill). 

"Water quality impairment" (SWRCB) means degradation of the ex- 
isting quality of a body of surface or ground water resulting from a release 
of waste constituents, waste-derived hazardous constituents, or reaction 
products, including but not limited to any incomplete decomposition 
product which could cause nuisance by odor. 

"Water Standard" (SWRCB) (as capitalized) means the water quality 
protection standard under §20390. 

"WDRs" (SWRCB) means waste discharge requirements. 

"X Bar chart" (SWRCB) means a control chart for evaluating the pro- 
cess level or subgroup differences in terms of the subgroup average. 

"Zone of saturation" (SWRCB) means the subsurface zone which ex- 
tends downward from the base of the unsaturated zone in which the inter- 
stices are filled with water under pressure that is equal to or greater than 
atmospheric pressure. Although the zone can contain gas-filled inter- 
stices (in which the gas pressure exceeds atmospheric pressure) or inter- 
stices filled with fluids other than water, it is still considered saturated. 
NOTE: Authority cited: Section 1058, Water Code; and Section 40502 Public Re- 
sources Code. Reference: Section 13172, Water Code; Sections 40000, 40001, 
40002, 43103 and 43105, Public Resources Code, and Title 40, CFR 258.2. 

History 

1. New article 2 (section 20164) and section filed 6-18-97; operative 7-18-97 
(Register 97, No. 25). 

2. Change without regulatory effect amending definition of "State Minimum Stan- 
dards" filed 3-8-99 pursuant to section 100, title 1 , California Code of Regula- 
tions (Register 99, No. 1 1). 

3. Amendment of definition of "Discrete unit" and new definitions of "Closure 
plan" and "Postclosure maintenance plan" filed 2-25-2003; operative 
2-25-2003 pursuant to Government Code section 1 1 343.4 (Register 2003, No. 
9). 



• 



Page 610 



Register 2003, No. 9; 2-28-2003 



Title 27 



Solid Waste 



§ 20210 



Chapter 3. Criteria for All Waste 
Management Units, Facilities, and Disposal 

Sites 



• 



Subchapter 1 . General 
Article 1 . CIWMB— General 

§ 201 80. CIWMB—Owner and Operator. (T1 4:§1 7602) 

Responsibility for compliance with the standards in this chapter shall 
rest with both the owner and the operator. If specifically designated, the 
operator is considered to have prime responsibility for compliance; how- 
ever, this does not relieve the owner of the duty to take all reasonable 
steps to assure compliance with these standards and any assigned condi- 
tions. 

Note. Authority cited; Sections 40.'S02. 4.^020, 43021 and 43030, Public Re- 
sources Code. Reference: Sections 40000-40002, 40508 and 43103. Public Re- 
sources Code. 

History 
1. New chapter 3, subchapter 1, article 1 (section 20180) and section filed 

6-18-97; operative 7-18-97 {Register 97, No. 25). 

§ 201 82. CIWMB— Change of Ownership. (T1 4:§1 7603) 

When the title to a disposal site is transferred to another person, the 
new owner shall be notified by the previous owner of the existence of 
these standards and of the conditions assigned to assure compliance. 
NOTE: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Re- 
sources Code. Reference: Sections 40000-40002, 40508 and 43103. Public Re- 
sources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Subchapter 2. Siting and Design 

Article 1 . [Reserved by SWRCB] 

Article 2. SWRCB— Waste Classification 
and Management 

§ 20200. SWRCB— Applicability and Classification Criteria. 
(CI 5: §2520) 

(a) Concept — This article contains a waste classification system 
which applies to solid wastes that cannot be discharged directly or indi- 
rectly to waters of the state and which therefore must be discharged to 
waste management units (Units) for treatment, storage, or disposal in ac- 
cordance with the requirements of this division. Wastes which can be dis- 
charged directly or indirectly (e.g., by percolation) to waters of the state 
under effluent or concentration limits that implement applicable water 
quality control plans {e.g., municipal or industrial effluent or process 
wastewater) are not subject to the SWRCB-promulgated provisions of 
this division. This waste classification system shall provide the basis for 
determining which wastes may be discharged at each class of Unit. Waste 
classifications are based on an assessment of the potential risk of water 
quality degradation associated with each category of waste. 

(1) The waste classifications in this article shall determine where the 
waste can be discharged unless the waste does not consist of or contain 
municipal solid waste (MSW) and the discharger establishes to the satis- 
faction of the RWQCB that a particular waste constituent or combination 
of constituents presents a lower risk of water quality degradation than in- 
dicated by classification according to this article. 

(2) Discharges of wastes identified in §2021 or §20220 of this article 
shall be permitted only at Units which have been approved and classified 



by the RWQCB in accordance with the criteria established in Article } 
of this subchapter, and for which WDRs have been prescribed or waived 
pursuant to Article 4, Subchapter .3, Chapter 4 of this subdivision 
(§21710 et seq.). Table 2.1 (of this article) presents a summary of dis- 
charge options for each waste category. 

(b) Dedicated Units/Cells For Certain Wastes — The following wastes 
shall be discharged only at dedicated Units (or dedicated landfill cells 
{e.g., ash mono/ill cell)] which are designed and constructed to contain 
such wastes: 

( 1 ) wastes which cause corrosion or decay, or otherwise reduce or im- 
pair the integrity of containment structures; 

(2) wastes which, if mixed or commingled with other wastes can pro- 
duce a violent reaction (including heat, pressure, fire or explosion), can 
produce toxic byproducts, or can produce any reaction product(s) which: 

(A) requires a higher level of containment; 

(B) is a restricted waste; or 

(C) impairs the integrity of containment structures. 

(c) Waste Characterization — Dischargers shall be responsible for ac- 
curate characterization of wastes, including determinations of whether or 
not wastes will be compatible with containment features and other wastes 
at a Unit under 11(b), and whether or not wastes are required to be man- 
aged as hazardous wastes under Chapter 1 1 of Division 4.5 of Title 22 
of this code. 

(d) Management of Liquids at Landfills and Waste Piles — The follow- 
ing requirements apply to discharges of liquids at Class II waste piles and 
at Class II and Class III landfills, except as otherwise required for MSW 
landfills by more-stringent state and federal requirements under 
SWRCB Resolution No. 93-62 section 2908 of Title 23 of this Code (see 
40CFR258.28) [Note: see also definitions of "leachate" and "landfill 
gas condensate" in §20164]: 

(1) [Reserved.]; 

(2) wastes containing free hquids shall not be discharged to a Class II 
waste pile. Any waste that contains liquid in excess of the moisture-hold- 
ing capacity of the waste in the Class II landfill, or which contains liquid 
in excess of the moisture-holding capacity as a result of waste manage- 
ment operations, compaction, or settlement shall only be discharged to 
a surface impoundment or to another Unit with containment features 
equivalent to a surface impoundment; and 

(3) liquids or semi-solid waste (i.e.. waste containing less than 50 per- 
cent solids, by weight), other than dewatered sewage or water treatment 
sludge as described in §20220(c), shall not be discharged to Class III 
landfills. Exceptions may be granted by the RWQCB if the discharger 
can demonstrate that such discharge will not exceed the moisture-hold- 
ing capacity of the landfill, either initially or as a result of waste manage- 
ment operations, compaction, or settlement, so long as such discharge is 
not otherwise prohibited by applicable state or federal requirements. 
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, 
Water Code; and Section 43103, Public Resources Code. 

History 
1. New subchapter 2, article 2 (section 20200-20230) and section filed 6-18-97; 
operative 7-18-97 (Register 97, No. 25). 

§ 2021 0. SWRCB— Designated Waste. (C1 5: §2522) 

Designated waste, as defined in California Water Code § 1 3 1 73, shall 
be discharged only at Class I waste management units (for information 
regarding Class I Units, see Chapter 15, Division 3, Title 23 of this code) 
or at Class II waste management units which comply with the applicable 
SWRCB-promulgated provisions of this subdivision and have been ap- 
proved by the RWQCB for containment of the particular kind of waste 
to be discharged. Decomposable wastes in this category can be dis- 
charged to Class I or II land treatment units. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172, 
Water Code; and Section 43103, Public Resources Code. 

History 
1 . New section and Table 2.1 filed 6-1 8-97; operative 7-1 8-97 (Register 97. No. 

25). 



Page 611 



Register 97, No. 25; 6-20-97 



o 



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ImM 

litiitllill 



Sini-lc Liner'"" 

■SirnilcCtimptisile 

LilM 



ia) Natural rcntiires cappt>le of con taining waste and leac}i:iic- iiiav 
SiKisjv primary con(ninincnl rcuiirremcnls, 



(h) May he liwated in mosl areas exccnt hieli risk Brcps 



Nonhozardous Solid 
Waste (inctuijing 
dewacercd sliidec 
and acceptahjc 
incinerator nsh> 
^f.SW 



P^o^cct neneficial 

lisss 



lyit^Contfliiununt 



111'- 



Mil 



l-andmi 



l.nultHI 



^^ol^c■ 



fa^ Considum tion orni^t"n' "s'ed '" S2026n(bV' 

( b) Mj>v he located in most areas e <cci>t high risk arfca^ 



See 6200«fl for anndcahitijv lo existing facifHics. 

Waste in any cajecnrv i«ay be discharnod at I Inits with hjghuf levels of y oniaipmnin i!|t>ililv. 

Wastes siiiiahip for land Ir ffatment in aiiv category mav be discharpcd a^ land ip^aiipvin facilities. 

Sec Article 4. Snbchapler J. Chapter 3 of tlii? subdivision. 

Sec Artitfle 1, Subchapter ? . Chanter 3 of this subdivision. 

Certain ha7ardou5 wastes tjnay he dischar ged at Class » or Class 111 Units fee cxheuns waste PoinP to a Class III hinMit). see 66^02O(WaWl> A 202l(Katf2l 



^ Uachate 9 o )|^clion and ^jnov^] system H-CRS) required. 

-* Sing>e lifier mav be acceotahle. see Tabic 4.1. 

^ Stiitahie paiMral feainres tqav yalisfv reqnircnicnts for outer liner where double ^^pf^ are needed. Sinplc renlaceahle clav tinet (no j-C^S) also u pceptaWe. 

'■^ Siiilahle nanirql fctiM ires tnnv satisfy t)rimary containntent rcquiremcnl. 

" l-CRS requi red as anpronriate. 

U Units 81 sjtcs not niectinH ffiliiip and geologic criteria mitst havf a sinck cinv li n.^r ^^ff I.CRS 



• 



Title 27 



Solid Waste 



§ 20250 



• 



§ 20220. SWRCB— Nonhazardous Solid Waste. (CI 5: 
§2523) 

(a) Dolinition — Nonhazardous solid waste means all putrescible and 
nonpuirescible solid, semi-solid, and liquid wastes, including garbage, 
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 
construction wastes, abandoned vehicles and parts thereof, discarded 
home and industrial appliances, manure, vegetable or animal solid and 
semi-solid wastes and other discarded waste (whether of solid or semi- 
solid consistency); provided that such wastes do not contain wastes 
which must be managed as hazardous wastes, or wastes which contain 
soluble pollutants in concentrations which exceed applicable water qual- 
ity objectives, or could cause degradation of waters of the state (i.e., des- 
ignated waste). 

(b) Units That Receive — Except as provided in §20200(d) (for liq- 
uids), nonhazardous solid waste may be discharged at any classified 
landfill which is authorized to accept such waste, provided that: 

( 1 ) the discharger shall demonstrate that codisposal of nonhazardous 
solid waste with other waste shall not create conditions which could im- 
pair the integrity of containment features and shall not render designated 
waste hazardous (e.g., by i)iobilizini> hazardous constituents); and 

(2) the discharger shall ensure, to the maximum extent feasible, that 
the Unit receives only those wastes that are approved for being dis- 
charged at that Unit. [Note: see also CIWMB §20870] 

(c) Dewatered Sludge — Dewatered sewage or water treatment sludge 
may be discharged at a Class 111 landfill under the following conditions, 
unless DTSC determines that the waste must be managed as hazardous 
waste: 

( 1 ) the landfill is equipped with a leachate collection and removal sys- 
tem (LCRS): 

(2) the sludge contains at least 20 percent solids (by weight) if primary 
sludge, or at least 15 percent solids if .secondary sludge, mixtures of pri- 
mary and secondary sludges, or water treatment sludge; and 

(3) a minimum solids-to-liquid ratio of 5:1 by weight shall be main- 
tained to ensure that the codisposal will not exceed the initial moisture- 
holding capacity of the nonhazardous solid waste. The actual ratio re- 
quired by the RWQCB shall be based on site-specific conditions. 

(d) Ash — Incinerator ash may be discharged at a Class III landfill un- 
less DTSC determines that the waste must be managed as hazardous 
waste. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172. 
Water Code; and Section 43103, Public Resources Code. 

History 
1. New section tiled 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20230. SWRCB— Inert Waste. (C15: §2524) 

(a) Defined — Inert waste is that subset of solid waste that does not con- 
tain hazardous waste or soluble pollutants at concentrations in excess of 
applicable water quality objectives, and does not contain significant 
quantities of decomposable waste. 

(b) Units That Accept — Inert wastes do not need to be discharged at 
classified Units. 

(c) WDRs Optional — The RWQCB can prescribe individual or gener- 
al WDRs for discharges of inert wastes. 

NOTE: Authority cited: Section 1058. Water Code. Reference: Section 13172, 
Water Code; and Section 43103, Public Resources Code. 

History 
1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Article 3. Waste Management Unit, Facility, 
or Disposal Site Classification and Siting 

§ 20240. SWRCB— Classification and Siting Criteria. (C15: 
§2530) 

(a) Units and Facilities — Waste management units (Units) shall be 
classified according to their ability to contain wastes. Containment shall 
be determined by geology, hydrology, topography, climatology, and oth- 



er factors relating to the ability of the Unit to protect water quality. A 
waste management facility can consist of several Units each with a differ- 
ent classification. Classification of Units shall be ba.sed on the criteria 
contained in this article, on field inspections by RWQCB and SWRCB 
staffs, and on other periinenl information. InformaUon used to classify 
Units shall be submitted according to the provisions of Article 4, Sub- 
chapter 3, Chapter 4 of this subdivision (§2 1 7 1 et seq.). Owners or oper- 
ators of classified Units shall comply with waste discharge requirements 
(WDRs) adopted by the RWQCB. 

(b) Reclassification — Exisfing Units shall be reclassified according lo 
applicable criteria in this article, provided that such Units: 

( 1 ) comply with siting criteria for each category of existing Units in 
§20250 and §20260, and summarized in Table 3. 1 of this article: and 

(2) are operating in compliance with §20()8()(d). 

(c) Five-Foot Separation — All new landfills, waste piles, and surface 
impoundments shall be sited, designed, constructed, and operated to en- 
sure that wastes will be a minimum oi' five feet (5 ft.) above the highest 
anticipated elevation of underlying ground water. Existing landfills, 
waste piles, and surface impoundments shall be operated to ensure that 
wastes will be a minimum of five feet (5 ft.) above the highest anticipated 
elevation of underlying ground water. For new and existing land treat- 
ment units, the base of the treatment zone shall be a minimum of five feet 
(5 ft.) above the highest anticipated elevation of underlying ground water 
and dischargers shall not be entitled to exempfion under §2008()(b). 

(d) Unit Foundation — All engineered structures (including, but not 
limited to, containment structures) constituting any portion of a Unit 
shall have a foundation or base capable of providing support for the struc- 
tures, and capable of withstanding hydraulic pressure gradients to pre- 
vent failure due to settlement, compression, or uplift and all effects of 
ground motions resulting from at least the maximum probable earth- 
quake [for Class III Units (see §20370)] or the maximum credible earth- 
quake [for Class II Units (see §20370)], as cerfified by a registered civil 
engineer or certified engineering geologist. [Note: .see also 
§21750(0(5).] 

Note: Authority cited: Section 1 058, Water Code. Reference: Sections 13172 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 

1. New article 3 (sections 20240-20270) and section filed 6-18-97; operative 
7-18-97 (Register 97, No. 25). 

§ 20250. SWRCB— Class II: Waste Management Units for 
Designated Waste. (C15: §2532) 

(a) General — Class II waste management units (Class II Units) shall 
be located where site characteristics and containment structures isolate 
waste from waters of the state. The classification criteria in this section 
shall be used for reclassification of existing Units at disposal sites ap- 
proved as Class II-l under previous versions of these SWRCB regula- 
tions, and for existing Units used for treatment or for storage, whether or 
not classified, provided that no hazardous wastes other than those which 
DTSC has determined need not be discharged as a hazardous waste) have 
been discharged at such Units (including discharge at any expansion of 
such Units). 

(b) Geologic Setting. 

( 1 ) New and exisfing Class II landfills or waste piles shall be immedi- 
ately underlain by natural geologic materials which have a hydraulic con- 
ductivity of not more than lxlO~^ cm/sec (i.e., I foot/year) and which are 
of sufficient thickness to prevent vertical movement of fluid, including 
waste and leachate, from Units to waters of the state for as long as wastes 
in such units pose a threat to water quality. Class II units shall not be lo- 
cated where areas of primary (porous) or secondary (rock opening) hy- 
draulic conductivity greater than 1x10"^ cm/sec (i.e., 1 foot/year) could 
impair the competence of natural geologic materials to act as a barrier to 
vertical fluid movement. 

(2) Natural or artificial barriers shall be used to prevent lateral move- 
ment of fluid, including waste and leachate. 

(3) A liner system which conforms to the requirements of Article 4 of 
this subchapter with a hydraulic conductivity of not more than 1 x 1 0~^cm/ 



Page 613 



Register 98, No. 12; 3-20-98 



§ 20260 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



sec (i.e., 1 foot/year) shall be used lor landfills and waste piles when natu- 
ral geologic materials do not satisfy the requirements in %{h){ 1 ). 

(4) Class II surface impoundments are not required to comply with the 
requirements of |(b)( 1 ), but shall have a liner system designed in accor- 
dance with the applicable SWRCB- promulgated provisions of Article 
4 of this subchapter (§203 1 et seq. ). The RWQCB can allow Class II sur- 
face impoundments which are designed and constructed with a double 
liner system in accordance with that article to use natural geologic mate- 
rials which comply with "IKbX 1 ) for the outer liner. 

(5) Land treatment units (LTUs) are not required to comply with the 
requirements of^(b). Dischargers who treat or dispose of wastes in LTUs 
shall demonstrate, prior to application of the waste, that waste can be 
completely degraded, transformed, or immobilized in the treatment zone. 
To demonstrate this, prior to the application of waste, the discharger shall 
operate a test plot for a sufficient period to give the RWQCB a reasonable 
indication that degradation, transformation, or immobilization will take 
place in the treatment zone. During the full-scale operation of the LTU, 
soil and soil-pore liquid samples shall be taken within the treatment zone 
to verify that complete degradation, transformation, or immobilization is 
taking place. The RWQCB shall specify in WDRs the elements of the 
land treatment program including the dimensions of the treatment zone. 
The maximum depth of the treatment zone shall not exceed 5 feet from 
the initial soil surface. 

(c) Flooding — New and existing Class II Units shall be designed, con- 
structed, operated, and maintained to prevent inundation or washout due 
to iloods with a 100-year return period. MSW landfills are also subject 
to any more-stringent flood plain and wetland siting requirements refer- 
enced in SWRCB Resolution No. 93-62 (i.e., see §258.1 1 and §258.12 
of 40CFR258). 

(d) Ground Rupture — New Class II Units, other than LTUs and expan- 
sions of existing Class II units, shall have a 200-foot setback from any 
known Holocene fault. Other units (that are subject to this section) can 
be located within 200 feet of a known Holocene fault, provided the 
RWQCB finds that the Unit's containment structures are capable of with- 
standing ground accelerations associated with the maximum credible 
earthquake. 

(e) Rapid Geologic Change — New and existing Class II Units can be 
located within areas of potential rapid geologic change only if the 
RWQCB finds that the Unit's containment structures are designed, con- 
structed, and maintained to preclude containment failure. MSW landfills 
are also subject to any more-stringent unstable area siting requirements 
referenced in SWRCB Resolution No. 93-62 (i.e., see §258.15 and 
§258.16 of 40CFR258). 

(0 Tidal Waves — New and existing Class II Units may be located in 
areas subject to tsunamis, seiches, and surges. Other Units may be lo- 
cated within these areas if designed, constructed, and maintained to pre- 
clude failure due to such events. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1 3 172 and 
13360, Water Code; and Section 43103. Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending subsection (c) filed 3-17-98 pur- 



suant to section 100. title I, California Code of Regulations (Register 98, No. 
12). 

§ 20260. SWRCB— Class III: Landfills for Nonhazardous 
Solid Waste. (C15: §2533) 

(a) General — Class 111 landfills shall be located where site characteris- 
tics provide adequate separation between nonhazardous solid waste and 
waters of the state. The classification criteria in this section shall be used 
for reclassification of existing landfills at disposal sites approved as Class 
11-1 or 11-2 (under previous versions of these SWRCB regulations) and 
any expansions of such landfills. 

(b) Geologic Setting. 

( 1 ) MSW landfills are subject to the SWRCB-promulgated waste con- 
tainment requirements of this subdivision and of SWRCB Resolufion 
No. 93-62. New Class III and exisfing Class II-2 landfills shall be sited 
where soil characteristics, distance from waste to ground water, and other 
factors will ensure no impairment of beneficial uses of surface water or 
of ground water beneath or adjacent to the landfill. Factors that shall be 
evaluated include: 

(A) size of the landfill: 

(B) hydraulic conductivity and transmissivity of underlying soils; 

(C) depth to ground water and variafions in depth to ground water; 

(D) background quality of ground water; 

(E) current and anticipated use of the ground water; and 

(F) annual precipitafion. 

(2) Where consideration of the factors in 1(b)(1) indicates that site 
characteristics alone do not ensure protection of the quality of ground wa- 
ter or surface water. Class III landfills shall be required to have a single 
clay liner with hydraulic conducfivity of 1x10"^ cm/sec or less. 

(c) Flooding — New Class III and exisfing Class II-2 landfills shall be 
designed, constructed, operated, and maintained to prevent inundafion or 
washout due to floods with a 100-year return period. MSW landfills are 
also subject to any more-stringent flood plain and wetland siting require- 
ments referenced in SWRCB Resolution No. 93-62 (i.e., see §§258.1 1, 
258.12, and 258.16 of 40CFR258). 

(d) Ground Rupture — New Class III and expansions of existing Class 
II-2 landfills shall not be located on a known Holocene fault. However, 
exisfing landfills assigned a Class II-2 designafion under previous ver- 
sions of the SWRCB regulations may be located on a known Holocene 
fault, provided that the Unit's containment structures are capable of with- 
standing ground accelerations associated with the maximum probable 
earthquake (see §20370). 

(e) Rapid Geologic Change — New Class III and unreclassified exist- 
ing Class 11-2 landfills can be located within areas of potential rapid geo- 
logic change only if the RWQCB finds that the Unit' s containment stnic- 
tures are designed, constructed, and maintained to preclude failure. 
MSW landfills are also subject to any more-stringent unstable area siting 
requirements referenced in SWRCB Resolufion No. 93-62 (see §258.15 
and §258.16 of 40CFR258). 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 
1. New section and Table 3.1 filed 6-18-97; operative 7-18-97 (Register 97, No. 
25). 



• 



Page 614 



Register 98, No. 12; 3-20-98 



are 



Site 

Charac- 

lerislics 



Geologic 
Setting 



Flooding 



Ground 
Rupture 



papid 

Geologic 

Change 



liM. 



lAniK 3.1 swiu »'s c;k(>i.(k;k and si ung c rii eui a kor ( i.assihed units 

tini^ C'liissificalion 



IRcscnetH'* 



Nendassll' 



RcctassificBtign of 
Kxi stine Class tl 



New c\m ]n' 



Reclasstficaiton of 
existing (lass 11-2^ 



Siibsiancial isolation from ground 
water: see Ii20250<b) 



As fornew Class H. 



Adeouale scparalion 
from grnund water, 
charactcfistics other than 
hydraulic conductivity will be 
considered; see ti20260(b) 



^fo Siting 
Restriction' 



?0n' setback from known 
Holocene fault 



Rxempt'. except Not located on known 

that expansions arc Holocene fault 
as for new Class H 



No Siting 
Reslriclion* 



- No siting restriction ■ 



As lur i>cw 



pxempl . except 
titat expansion as 
nc\K f diss lU. 



Waves" 

- fResep/ed] Note: These standards removed because they apply only lo Class I Units (see Chapter 15. Div. 3.. Title 23. CCR). 
^ This category is defined in §20250fal 

- This catego ry is defined in § 2Q260(a). 

- f Reserved] Note: Left in Ch-I,5 .Applies only tn Class I Units. 

- Exemption from siting criteria does not release dischargers fi-om the obligation to protect Units fi-om the geologic or environmental hazard' 
involved. Fxemption is conditions on such protection. 

- The term "Tidal Waves" includes tsunamis, seiches, and surge condition. 



§ 20270 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



§ 20270. CIWMB— Location Restrictions: Airport Safety. 
{T14:§17258.10) 

(a) Owners or operators of new Municipal Solid Waste Landfill units 
(MSWLF), existing MSWLF units, and lateral expansions of MSWLF 
units that are located within 10.000 feet (3.048 meters) of any airport run- 
way end used by turbojet aircraft or within 5,000 feet (1 ,524 meters) of 
any airport runway end used by only piston-type aircraft must demon- 
strate that the units are designed and operated so that the MSWLF unit 
does not pose a bird hazard to aircraft. 

(b) Owners or operators proposing to site new MSWLF units and later- 
al expansions located within a five-mile radius of any airport runway end 
used by turbojet or piston-type aircraft must nofify the affected airport 
and the Federal Aviation Administrafion (FAA). 

(c) The owner or operator must place the demonstration made pursuant 
to paragraph (a) of this section in the operating record and notify the EA 
that it has been placed in the operafing record. 

(d) Existing MSWLF units that cannot make the demonstration speci- 
fied in §20270(a) pertaining to airports must: 

(l)closeby October 9, 1996, in accordance with §21 1 10 of this article; 

(2) conduct postclosure activities in accordance with §21 1 10 of this 
arficle; and 

(3) conduct closure and postclosure acfivities in accordance with 
applicable sections of Chapter 4, and Chapter 6. of this Division. 

(e) The deadline for closure required by paragraph (a) of this section 
may be extended up to two years if the owner or operator demonstrates 
to the CIWMB that: 

(1) There is no available alternative disposal capacity; and 

(2) There is no immediate threat to human health and the environment. 
NOTE: Authority cited: Sections 40502, 43020 and 4302L Public Resources 
Code. Reference: Sections 40508 and 43 1 03, Public Resources Code; and Title 40, 
Code of Federal Regulations, Sections 258.10 and 258.16. 

History 

I. New section filed 6-18-97; operative 7-18-97 (Register 97. No. 25). 



Article 4. SWRCB— Waste Management 
Unit Construction Standards 

§ 2031 0. SWRCB— General Construction Criteria. (C1 5: 
§2540) 

(a) Class II waste management units (Class II "Units") shall be de- 
signed and constructed to prevent migration of wastes from the Units to 
adjacent geologic materials, ground water, or surface water, during dis- 
posal operations, closure, and the post-closure maintenance period. 
Class II and Class III MSW landfills are also subject to any applicable 
waste containment system design requirements of SWRCB Resolufion 
No. 93-62 to the extent that such requirements are more stringent than 
those applicable to a non-MSW Class II or Class III landfill under this 
subdivision. 

(b) Each Class 11 Unit shall be designed and constructed for the con- 
tainment of the specific wastes which will be discharged. 

(c) Class III landfills shall have containment structures which are ca- 
pable of preventing degradafion of waters of the state as a result of waste 
discharges to the landfills if site characteristics are inadequate. 

(d) For the purposes of this paragraph, the words "new" and "existing" 
have the same meaning as described in §20080(d). New landfills, waste 
piles, and surface impoundments shall comply with the requirements of 
this article. Existing waste piles and surface impoundments shall be fitted 
with liners and leachate collection and removal systems as described in 
§20330 and §20340 as feasible. Existing landfills and waste piles shall 
have interim cover as described in §20705. Existing landfills, waste piles, 
and surface impoundments shall be fitted with subsurface barriers as de- 
scribed in §20360 as needed and feasible, and shall have precipitauon 
and drainage control facilifies as described in §20365. Existing surface 
impoundments shall comply with §20375. New and exisfing land treat- 



ment units shall comply with §20377. All existing Units shall comply 
with the seismic design criteria in Section 20370. 

(e) Containment structures shall be designed by, and construction shall 
be supervised and certified by. a registered civil engineer or a certified 
engineering geologist. Units shall receive a final inspecfion and approval 
of the construction by RWQCB or SWRCB staff before use of the Unit 
commences. 

(f) The discharger shall maintain the integrity of containment struc- 
tures in spite of normal excavation or fire control work; nevertheless, for 
fire control work, the discharger can damage containment structures to 
the extent necessary to control the fire, so long as the discharger promptly 
repairs such damage after exfinguishing the fire. Excavafions made as 
part of discharge operations shall not result in removal of any porfion of 
a containment structure. 

(g) Stability Analysis — For any portions of the Unit's containment 
system installed after July 18, 1997 for which the RWQCB has not ap- 
proved a slope and foundafion stability report on or before that date, the 
discharger shall meet the requirements of §21 750(f)(5). 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 131 72 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 
I. New article 4 (sections 20310-20377) and section filed 6-18-97; operative 
7-1 8-97 (Register 97, No. 25). 

§ 20320. SWRCB— General Criteria for Containment 
Structures. (C15: §2541) 

(a) Material ProperUes — Materials used in containment structures 
shall have appropriate chemical and physical properties to ensure that 
such structures do not fail to contain waste because of pressure gradients 
(including hydraulic head and external hydrogeologic forces), physical 
contact with the waste or leachate, chemical reacfions with soil and rock, 
climafic condifions, the stress of installafion, or because of the stress of 
daily operafion. 

(b) Applicable Permeants — Hydraulic conductivities specified for 
containment structures other than cover shall be relafive to the fluids, in- 
cluding waste and leachate, to be contained. Hydraulic conducfivities 
specified for final cover shall be relative to water. 

(c) Determining Hydraulic Conductivity — Hydraulic conducfivities 
shall be determined primarily by appropriate field test methods in accor- 
dance with accepted civil engineering practice. The results of laboratory 
tests with both water and leachate, and field tests with water (e.g., on the 
test pad), shall be compared to evaluate how the field permeabilities will 
be affected by leachate. It is acceptable for the discharger to use appropri- 
ate compaction tests in conjuncfion with laboratory hydraulic conducfiv- 
ity tests to determine field permeabilities as long as a reasonable number 
of field hydraulic conducfivity tests are also conducted (e.g., a sealed 
double-ring infiltrometer test on the test pad). 

(d) Soils Used in Containment Structures — Earthen materials used in 
containment structures other than cutoff walls and grout curtains shall 
consist of a mixture of clay and other suitable fine-grained soils which 
have the following characteristics, and which, in combinafion, can be 
compacted to attain the required hydraulic conductivity when installed. 
Liners made of such materials are referred to as "clay liners" in this sub- 
chapter. 

(1 ) At least 30 percent of the material, by weight, shall pass a No. 200 
U.S. Standard sieve. 

(2) The materials shall be fine-grained soils with a significant clay 
content and without organic matter, and which is a clayey sand, clay, 
sandy or silty clay, or sandy clay under a soil classification system having 
industry-wide use [e.g., the "SC", "CL", or "CH" soil classes under 
ASTM Designation: "2487-93 Standard Classification of Soils for Engi- 
neering Purposes (Unified Soil Classification System)]. 

(e) Synopses — Construction standards for waste management units 
other than land treatment are given on Table 4.1 and in Figure 4.1. 
Note; Authority cited: Section 1058, WaterCode. Reference: Sections 13172 and 
13360, Water Code; and Section 43103, Public Resources Code. 



Page 616 



Register 2000, No. 20; 5-19-2000 



Title 27 Solid Waste § 20320 

History 2. Change without regulatory effect amending Table 4.1 filed .VI7-9X pursuant 

1 . New section. Table 4. 1 and Figure 4. 1 filed 6-1 8-97: operative 7-1 8-97 (Regis- to section 100. title 1 . California Code of Regulations (Register 98. No. 1 2 ). 

ter97. No. 25). 3. Change without regulatory effect amending Table 4.1 filed .S-1 9-2000 pursuant 

to section 100, title 1, California Code of Regulations (Register 2000. No. 20). 



Page 617 Register 2000, No. 20; 5 - 1 9 - 2000 



§ 20320 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Table 4. 1 . Construction Standards for Units'^' 



Waste Mgint Type of Waste 

Unit Mana,i;eiiienl 

Classification Unit Clay Liner^-' 



Subsurface Barriers 

Capacity' of 
Precip & 
Leachate Drain. Control 

Collection and Facilities 

Synthetic Liner Rem. System Interim Cover Cutoff Walls Grout Curtains ( De si i^n Storm) 



Seismic 
Design 



Class II 



Non MSW 
Landfill 



Required'-"'*, Not required 
<lxlO"''cm/sec 



Required, 
blanket type 



Required 



< I X 1 0-^ <1 X 1 0-<' cm/sec 1 000-year 

cni/sec'"* 24-hour 

precipitation 



Withstand 
maximum 
credible 
earthquake 



Class II 



MSW Specia|('3> 

Landfill" 3) 



Special<'3» Special"^' Required <lxlO-^ <lxlO-<' cm/sec 1000-year 

cm/sec*'" 24-hour 

precipitation 



Withstand 
maximum 
credible 
earthquake 



Class II Surface Double or Not required Required with Not required <lxl0"^ <lxlO"^ cm/sec 1000-yeai- 

Impoundment single double liner. cm/sec<"> 24-hour 

required'^*, blanket type precipitation 

<lx 1 0~^ cm/sec 



Withstand 
maximum 
credible 
earthquake 



Class II Waste Pile Optional''*-''', Not required Maybe Maybe <]xlO"^^ 

<lxlO"^ required, required cm/sec'^^') 

cm/sec blanket type 



<lx 1 0-6 cm/sec 1000-year 
24-hour 
precipitation 



Withstand 
maximum 
credible 
earthquake 



Class III Non MSW Optional, Not required 

Landfill <lxl0-6cm/sec 

(see §20260) 



Required if Required <lxl0"6 

liner is required, cm/sec, if 

blanket or required 
dendritic 



<]x 1 0~6 cm/sec, 100-year 
if required 24-hour 

precipitation 



Withstand 

at least the 

maximum 

probable 

earthquake 

(See 

§20370) 



Class III 



MSW 

Landfill* 13) 



Special"3) Special'^^) Special"3) Required 



<lxI0-6 <Ix 10-6 cm/sec, 100-year 

cm/sec, if if required 24-hour 

required precipitation 



Withstand 

at least the 

maximum 

probable 

earthquake 

(See 

§20370) 



'Applicable regulations in this article may provide for exempfions to certain requirements. §20310(d) describes applicability to existing facilities. 

-AH permeabifities specified in this table are maximum allowable permeabilities. 

^[Reserved.] Note: This footnote left in Ch-15 (of Division 3, Title 23, CCR). as it applies only to Class I Units. 

**A synthetic liner alone may be allowed based on nature of waste to be contained and duration of the operation. A waste pile with a synthetic liner alone may not 
be closed as a landfill pursuant to §21410 of this subchapter. The synthetic liner hydraulic conductivity shall be the same or less than that which would be required for 
a clay liner. 

^Clay liner required unless Units are underlain by a substantial thickness of natural geologic materials with hydrauhc conductivity of 1x10-6 cm/sec [i.e., 1 foot/year] 
or less. 

^Single liner shall be a clay liner and removed or replaced as described in §20330. Double liner systems shall have either an outer clay liner or shall be underlain 
by a substanfial thickness of natural geologic materials with an hydraulic conductivity of 1x1 0"6 cm/sec [i.e., 1 foot/year] or less to act as an outer liner. 

^[Reserved.] 

^[Reserved.] 

^[Reserved.] 

'^[Reserved.] 

"Cutoff walls required where there is potential for lateral movement of fluid, including waste or leachate, and the hydraulic conductivity of natural geologic materials 
is used for waste containment. 

l^For Units other than MSW landfills, the RWQCB can grant an exemption to this design storm requirement if the discharger can demonstrate that the integrity of 
facilities will not be jeopardized if this criterion is not met. 

'3a1I Class U or Class III landfills that received MSW at any time and that received solid waste after October 9, 1991 (MSW landfills) are subject to the additional 
state and federal requirements contained (or incorporated by reference) in SWRCB Resolution No. 93-62. 



Page 618 



Register 2000, No. 20; 5-19-2000 



Title 27 



Solid Waste 



§ 20320 



Figure 4.1: 

SXJIMIVIARY OF LINER REQUIRJEMETSTXS FOR 
CLASSIFIED WASTE IVIAMAGEIVIErsrX UNIXS 

(Footnotes on back of page) 



CO 

.J 

iZ 

a 

z 
< 




^^^^^^^^ 



CLASS III 




^$^^^^>^^^^^^\^^ 





^^^\^\\\^^ 



Of 



OR ^^fe 




"^^^^^^^ 



LEGEND 





LEACHATE COLLECTION 
AND REMOVAL SYSTEM* 



SYNTHETIC 
UNEH*^' '^ 





ClAY UUERd 



SYNTHETIC'^' '^ Ofl 
CLAY UNER 



NATURAL GEOLOGIC 
MATERIALS 



NATURAL GEOLOGIC 
MATERIALS WITH 
LOW PERMEABIUTY 



Footnotes for Figure 4. 1 : Summary of Liner Requirements for Classified Units (for MSW Landfills, see Additional Requirements in SWRCB Resolution No. 93-92). 

^ Requirements from Chapter 3, Subdivision J of this division. 

^ Designed to convey twice the anticipated volume of leachate; must ensure no buildup of hydraulic head on liner; blanket type required unless otherwise specified. 

^ Minimum 40 mils thick. 

'' Must be compatible with waste and/or leachate. 



Page 619 



Register 2000, No. 20; 5-19-2000 



§ 20323 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



"^ Cutoff walls required where potential exists for lateral movement of waste or leachate. 

' Acceptability of synthetic liner depends on nature of waste and duration of operation. 

5^ Liner and waste to be removed at closure. 

'^ Substantial thickness of natural geologic material with maximum hydraulic conductivity of lxlO~^ cm/sec (i.e., 1.0 foot/year). For MSW landfills, see SWRCB 
Resolution No. 93-62 for superseding containment system requirements. 

' Minimum thickness of 2 feet; maximum hydraulic conductivity of 1x10"^^ cin/sec (i.e., 1.0 foot/year). For MSW landfills, see SWRCB Resolution No. 93-62 for 
superseding containment system requirements. 

J Liner removed or replaced before lower 2f)% (minimum 1 foot thickness) of the liner is penetrated by waste or leachate. 

*" Soil characteristics, distance from waste to ground water, and other factors must ensure no impairment of beneficial uses of ground water. Leachate collection system 
required for sludge disposal. For MSW landfills, see SWRCB Resolution No. 93-62 for superseding containment system requirements. 

' Minimum thickness of 1 foot: maximum hydraulic conductivity of IxlO"*' cm/sec (i.e.. 1 .0 foot/year). For MSW landfills, see SWRCB Resolution No. 93-62 for 
superseding containment system requirements. 

'" Dendritic system allowed if wastes in contact with the liner will remain permeable and liner is sloped toward the system to prevent ponding. For MSW landfills, 
see SWRCB Resolution No. 93-62 for superseding containment system requirements. 



§ 20323. SWRCB— CQA Plan, (new) 

After July 18, 1997, the RWQCB shall require constiuction for all lin- 
er systems and final cover systems to be carried out in accordance with 
a CQA plan certified by an appropriately registered professional to satis- 
fy the requirements of §20324. If the RWQCB finds that any construction 
of the liner system or final cover system was undertaken in the absence 
of a CQA plan that satisfies the requirements of §20324, the RWQCB 
shall require the discharger to undertake any corrective construction 
needed to achieve such compliance. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1 3 172 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 
§ 20324. SWRCB— CQA Requirements. (T1 4: §1 7774) 

(a) Performance Standard — The construction quality assurance 
(CQA) program, including all relevant aspects of construction quality 
control (CQC). shall provide evidence that materials and procedures uti- 
lized in the placement of the any containment feature at a waste manage- 
ment unit (Unit) will be tested and monitored to assure the structure is 
constructed in accordance with the design specifications approved by the 
RWQCB. 

(b) Professional Qualifications. 

( 1 ) The design professional who prepares the CQA plan shall be a reg- 
istered civil engineer or certified engineering geologist; and 

(2) The construction quality assurance program shall be supervised by 
a registered civil engineer or certified engineering geologist who shall be 
designated the CQA officer. 

(c) Reports. 

(1 ) The project's CQA report shall address the construction require- 
ments, including any vegetation procedures, set forth in the design plan 
for the containment system. For each specified phase of construction, this 
report shall include, but not be limited to: 

(A) a delineation of the CQA management organization, including the 
chain of command of the CQA inspectors and contractors; 

(B) a detailed description of the level of experience and training for the 
contractor, the work crew, and CQA inspectors for every major phase of 
construction in order to ensure that the installation methods and proce- 
dures required in the containment system design will be properly im- 
plemented. 

(C) a description of the CQA testing protocols for preconstruction, 
construction, and postconstruction which shall include at a minimum: 

1. the frequency of inspections by the operator, 

2. the sampling and field testing procedures and equipment to be uti- 
lized, and the calibration of field testing equipment, 

3. the frequency of performance audits determined by the design pro- 
fessional and examined by the CQA officer, 

4. the size, method, location and frequency of sampling, sampling pro- 
cedures for laboratory testing, the soils or geotechnical laboratory to be 
used, the laboratory procedures to be utilized, the calibration of laborato- 
ry equipment and quality assurance and quality control of laboratory pro- 
cedures. 



5. the pass/fail criteria for sampling and testing methods used to 
achieve containment system design, and 

6. a description of the corrective procedures in the event of test failure. 

(d) Documentation — Construction quality assurance documentation 
requirements shall include, at the minimum: reports bearing unique iden- 
tifying sheet numbers for cross-referencing and document control, the 
date, project name, location, descriptive remarks, the data sheets, inspec- 
tion activities, and signature of the d,esignated authorities with concur- 
rence of the CQA officer. 

(1 ) The documentation shall include: 

(A) Daily Summary Reports — daily recordkeeping, which shall in- 
clude preparation of a summary report with supporting inspection data 
sheets, problem identification and corrective measures reports. Daily 
summary reports shall provide a chronological framework for identify- 
ing and recording all other reports. Inspection data sheets shall contain 
all observations (i.e., notes, charts, sketches, or photographs), and a re- 
cord of field and/or laboratory tests. Problem identification and correc- 
tive measures reports shall include detailed descriptions of materials and/ 
or workmanship that do not meet a specified design and shall be 
cross-referenced to specific inspection data sheets where the problem 
was identified and corrected; 

(B) Acceptance Reports — all reports shall be assembled and summa- 
rized into Acceptance Reports in order to verify that the materials and 
construction processes comply with the specified design. This report 
shall include, at a minimum, inspection summary reports, inspection data 
sheets, problem identification and corrective measures reports; 

(C) Final Documentation — at the completion of the project, the opera- 
tor shall prepare a Final Documentation which contains all reports sub- 
mitted concerning the placement of the containment system. This docu- 
ment shall provide evidence that the CQA plan was implemented as 
proposed and that the construction proceeded in accordance with design 
criteria, plans, and specifications. The discharger shall submit copies of 
the Final Documentation report to the RWQCB as prepared by the CQA 
officer. 

(2) Once construction is complete, the document originals shall be 
stored by the discharger in a manner that will allow for easy access while 
still protecting them from any damage. All documentation shall be main- 
tained throughout the postclosure maintenance period. 

(e) Laboratory Testing Requirements. [Note: the following (ASTM) 
standards are available from the American Society of Testing and Mate- 
rials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 
19428-2929, phone: 610-832-9585] 

(1) Analysis of earthen materials shall be performed prior to their in- 
corporation into any containment system component. Representative 
samples for each layer within the containment system shall be evaluated. 
The following minimum laboratory testing procedures shall be per- 
formed: 

(A) ASTM Designation: D 1557-91 [1/91], "Laboratory Compaction 
Characteristics of Soil Using Modified Effort (2,700 kN-m/m3)" which 
is incorporated by reference; 



Page 620 



Register 2(X)0, No. 20; 5- 19-2000 



Title 27 



Solid Waste 



§ 20330 



(B) ASTM Designaiion: D 422-63 (Reapproved) [9/90], "Standard 
Method for Particle-Size Analysis of Soils," which is incorporated by 
reference; and 

(C) ASTM Designation: D 2487-93 [ 1 1/93], "Standard Classification 
of Soils for Engineering Purposes," which is incorporated by reference. 

(2) In addition to the tests listed in <|[(e and f). the following minimum 
laboratory tests shall be performed on low-hydraulic-conductivity layer 
components constructed from soil: 

(A) ASTM Designation: D 4318-93 [1 1/93], "Standard Test Method 
for Liquid Limit, Plastic Limit, and Plasticity Index of Soils," which is 
incorporated by reference; and 

(B) United States Environmental Protection Agency (USEPA) Test 
Method 9100 [Approved 9-86], "Triaxial-Cell Method with Back Pres- 
sure," which is incorporated by reference. 

(f) Field Testing Requirements — The following minimum field test 
procedure shall be performed for each layer in the containment system: 
ASTM Designation: D 2488-93 [9/93], Standard Practice for Descrip- 
tion and Identification of Soils (Visual-Manual Procedure), which is in- 
corporated by reference. 

(g) Test Fill Pad Requirements — Before installing the compacted soil 
barrier layer component of a final cover system, or the compacted soil 
component of a liner system, the operator shall accurately establish the 
correlation between the design hydraulic conductivity and the density at 
which that conducfivity is achieved. To accompHsh this the operator 
shall: 

( 1 ) provide a representative area for a test on any compacted founda- 
tion and low-hydraulic- conductivity layers. The following minimum 
testing procedures shall be performed: 

(A) the test pad foundation and, for final covers, the barrier layers shall 
be compacted with the designated equipment to determine if the speci- 
fied density/moisture-content/hydraulic- conductivity relationships de- 
termined in the laboratory can be achieved in the field with the compac- 
tion equipment to be used and at the specified lift thickness; 

(2) perform laboratory tests as specified in subsecfion (e); and 

(3) perform field tests as specified in subsection (f)- The discharger 
shall perform hydraulic conductivity tests in the test area under saturated 
conditions by using the standard test method ASTM Designafion: D 
3385-94 [9/94], "Standard Test Method for Infiltration Rate of Soils in 
Field Using Double-Ring Infiltrometer," which is incorporated by refer- 
ence, for vertical hydraulic conductivity measurements. A sufficient 
number of tests shall be run to verify the results. Other methods that pro- 
vide an accurate and precise method of measuring field hydraulic con- 
ductivity may be utilized as approved by the RWQCB. 

(4) Correlations between laboratory tests and test pad results shall be 
established for each of the various types of fill materials and blends to be 
used in construction of the actual cover. 

(h) Earthen Material Requirements. 

(1) The following minimum tests shall include, but not be limited to: 

(A) Laboratory tests as specified in ^{e); and 

(B) Field tests as specified in subsecfions (f and g). 

(2) The following minimum testing frequencies shall be performed: 

(A) Four (4) field density tests shall be performed for each 1 ,000 cubic 
yards of material placed, or at a minimum of four (4) tests per day; 

(B) Compaction curve data (ASTM Designation: D 1557-91) graphi- 
cally represented, and Atterberg limits (ASTM Designation: D 4318-93) 
shall be performed on the barrier layer material once a week and/or every 
5,000 cubic yards of material placed; 

(C) For field hydraulic conductivity tests, representative samples shall 
be performed on barrier layer material; 

1 . The frequency of testing may be increased or decreased, based on 
the pass/failure status of previous tests, as approved by the RWQCB. 

2. Field infiltration tests shall be performed for the duration necessary 
to achieve steady conditions for the design hydraulic conductivity. 

3. The following interpretive equation shall be used to determine the 
design hydraulic conducfivity: 



The infiltration rate (1 ) is defined as: 

I = Q/(lA) 
where Q = volume of fiow; 

t = interval of time corresponding to fiow Q; and 
A = area of the ring; 
then the hydraulic conductivity (k) can be calculated from Darcy's law 
as follows: 

k = I/i 
where: I = infiltration rale; and 
i = hydraulic gradient, 
(i) Geosynthetic Membrane Requirements. 

( 1 ) Performance requirements for the geosyntheUc membrane include, 
but are not limited to, the following: 

(A) a need to hmit infiltration of water, to the greatest extent possible; 

(B) a need to control landfill gas emissions; 

(C) for final covers, mechanical compafibility with stresses caused by 
equipment traffic, and the result of differenfial settlement of the waste 
over fime; and 

(D) for final covers, durability throughout the postclosure mainte- 
nance period. 

(2) Minimum Criteria — The minimum construction quality assurance 
criteria to ensure that geosynthetic membranes will meet or exceed all de- 
sign specificafions shall include, but not be limited to: 

(A) Preconstrucfion quality control program: 

1. inspecfion of the raw materials (e.g., density, melt fiow index, per- 
cent carbon Black); 

2. manufacturing operations and finished product specifications (e.g., 
thickness, puncture resistance, multi-axial stress/strain tests), 

3. fabricafion operations (e.g., factory seaming); 

4. observations related to transportation, handling, and storage of the 
geosynthetic membrane; and 

5. inspection of foundafion preparation; 

(B) Construction acuvities: 

1. the geosynthefic membrane shall have thickness strength sufficient 
to withstand the stresses to which it shall be subjected, including shear 
forces, puncture from rocks or. for final covers, penetration from roots. 

2. inspecfion of geosynthetic membrane placement (e.g., trench cor- 
ners, monitoring systems). 

3. seaming of the material; and 

4. installafion of anchors and seals; 

(C) Postconstrucfion Acfivity — postconstruction activity includes 
checking for material and placement imperfections in the installed geo- 
synthetic membrane. Imperfections that jeopardize the integrity of the 
membrane's function as an impermeable barrier (i.e., pin holes, rips, 
creases created during placement) shall be repaired to the original man- 
ufacturer's specifications and reinspected by the CQA officer; and 

(D) Evaluation — evaluafion of the personnel and equipment to be used 
to install and inspect the geosynthetic membrane, and pass/fail criteria 
and correcfive procedures for material and installation procedures shall 
be specified as required in 1(c). 

NOTE: Authority cited: Section 1058, WaterCode. Reference: Sections 1 31 72 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 
1. New .section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20330. SWRCB— Liners. (CI 5: §2542) 

(a) Performance Standard — Liners shall be designed and constructed 
to contain the fluid, including landfill gas, waste, and leachate, as re- 
quired by Arficle 3 of this subchapter (§20240 et seq., and §203 1 0). 

(b) Clay Liners — Clay liners for a Class II Unit shall be a minimum of 
2 feet thick and shall be installed at a relative compaction of at least 90 
percent. For a Class III landfill, a clay liner, if required, shall be a mini- 
mum of 1-foot thick and shall be installed at a relative compaction of at 
least 90 percent. For MSW landfills subject to the liner requirements in 
the federal MSW regulations of 40CFR258, after the Federal Deadline 
for liners at that Unit, the requirements of this paragraph are superseded 



Page 621 



Register 2000, No. 20; 5-19-2000 



§ 20340 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



by those of SWRCB Resolution No. 93-62 for all portions of the Unit 
outside the Existing Footprint. 

(c) FMLs — Flexible membrane liners ("FMLs". or synthetic liners) 
shall have a minimum thickness of 40 mils (i.e.. 0.040"). For an MSW 
landfill subject to the liner requirements in the federal MSW regulations 
(40CFR258), after the Federal Deadline for liners at that Unit, the re- 
quirements of this paragraph are superseded by those of SWRCB Resolu- 
tion No. 93-62 for all portions of the Unit outside the Existing Footprint. 

(d) Lined Area — Liners shall be installed to cover all natural geologic 
materials (at the Unit) that are likely to be in contact with waste (includ- 
ing landfill gas or leachate). 

(e) S.I. With Replaceable Liner — A Class 11 surface impoundment 
may have a single clay liner with a hydraulic conductivity of I x 1 0"*^ cm/ 
sec (i.e., 1 fool/year) or less if the liner is removed or replaced before the 
last 25 percent (minimum 1 foot thickness) of the liner is penetrated by 
fluid, including waste or leachate. The method used to determine seepage 
velocity shall be included with the calculations of liner penetration. 

NOTE: Authority cited: Section 1038, Water Code. Reference: Sections 131 72 and 
L3360, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20340. SWRCB— Leachate Collection and Removal 
Systems (LCRS). [C15: §2543 // T14: 
§17781(b)(2)& (d)(1)] 

(a) Basic LCRS Design — Leachate collection and removal systems 
(LCRS) are required for Class II landfills and surface impoundments, and 
for Class III landfills which have a liner or which accept sewage or water 
treatment sludge. The LCRS shall be installed directly above underlying 
containment features for landfills and waste piles, and installed between 
the liners for surface impoundments. LCRS requirements are summa- 
rized on Table 4.1. Class II landfills and waste piles which contain only 
dry wastes (not including nonhazardous solid waste and decomposable 
waste) may be allowed to operate without an LCRS if the discharger 
demonstrates, based on climatic and hydrogeologic conditions, that lea- 
chate will not be formed in, or migrate from, the Unit; nevertheless, for 
a Class II or Class III MSW landfill, after the Federal Deadline for install- 
ing liners at that Unit, the LCRS requirements of SWRCB Resolution No. 
93-62 apply to all portions outside of the Unit's Existing Footprint. 

(b) Placement — Except as otherwise provided in ^(e or f). where an 
LCRS is used, it shall be installed immediately above the liner (except 
in the case of a surface impoundment), and between the inner and outer 
liner of a double-liner system, and shall be designed, constructed, main- 
tained, and operated to collect and remove twice the maximum antici- 
pated daily volume of leachate from the Unit. 

(c) Head Buildup — The RWQCB shall specify design and operating 
conditions in WDRs to ensure that there is no buildup of hydraulic head 
on the liner. The depth of fluid in the collection sump shall be kept at the 
minimum needed to ensure efficient pump operation. 

(d) Clogging — LCRSs shall be designed and operated to function 
without clogging through the scheduled closure of the Unit and during 
the post-closure maintenance period. The systems shall be tested at least 
annually to demonstrate proper operation. The results of the tests shall be 
compared with earlier tests made under comparable conditions. 

(e) Standard LCRS — LCRSs shall consist of a permeable subdrain 
layer which covers the bottom of the Unit and extends as far up the sides 
as possible, (i.e., blanket-type) except as provided in 1(0- The LCRS 
shall be of sufficient strength and thickness to prevent collapse under the 
pressures exerted by overlying wastes, waste cover materials, and by any 
equipment used at the Unit. 

(0 Alternative LCRS — Except as otherwise required for MSW land- 
fills, under SWRCB ResoluUon No. 93-62, if a Class III landfill is re- 
quired to have an artificial liner and receives only permeable waste that 
allows free drainage of percolating fluid, the RWQCB can allow the use 
of a dendritic LCRS which underlies less than 100 percent of the waste; 
in this type of LCRS system, only wastes which have an hydraulic con- 
ductivity which approximates that of subdrain material, and which will 



remain permeable throughout the active life and post-closure mainte- 
nance period of the landfill, shall be placed adjacent to the liner. Further- 
more, to prevent ponding, when using this type of LCRS, all portions of 
the liner not overlain by a portion of the subdrain system shall be sloped 
towards the subdrain so that ponding is minimized and leachate is re- 
moved as quickly as possible from the base of the landfill. 

(g) Leachate Handling — Except as otherwise provided under SWRCB 
Resolution No. 93-62 (tbr MSW landfills subject to 40CFR258.28), col- 
lected leachate shall be returned to the Unit(s) from which it came or dis- 
charged in another manner approved by the RWQCB. Collected leachate 
can be discharged to a different Unit only if: 

( 1 ) the receiving Unit has an LCRS, contains wastes which are similar 
in classification and characteristics to those in the Unit(s) from which lea- 
chate was extracted, and has at least the same classificafion (under Ar- 
ticle 3 of this subchapter) as the Unit(s) from which leachate was ex- 
tracted; 

(2) the discharge to a different Unit is approved by the RWQCB; 

(3) the discharge of leachate to a different Unit shall not exceed the 
moisture-holding capacity of the receiving unit, and shall comply with 
§20200(d). 

(h) Leachate Producfion Rate — After July 18, 1997, for a landfill 
equipped with an LCRS, the discharger shall note, as a part of each regu- 
larly scheduled monitoring report [under Article 1 , Subchapter 3. Chap- 
ter 3 of this division (§20380 et seq.)], the total volume of leachate col- 
lected each month since the previous monitoring report. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172 
and 13360, Water Code; and Section 43103. Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25). 

§ 20360. SWRCB— Subsurface Barriers. (CI 5: §2545) 

(a) Subsurface barriers are cutoff walls or grout curtains which are 
used in conjuncfion with natural geologic materials to assure that lateral 
hydraulic conductivity standards specified in Article 3 of this subchapter 
are satisfied. Paragraphs (b) and (c) specify conditions under which cut- 
off walls and grout curtains, respectively, are used. 

(b) Cutoff walls. 

( 1 ) Cutoff walls are required at Class II Units where there is potential 
for lateral movement of fluid, including waste or leachate, and the hy- 
draulic conductivity of natural geologic materials is used for waste con- 
tainment in lieu of a liner. Cutoff walls shall be installed at Class III land- 
fills as required by the RWQCB. 

(2) Cutoff walls shall be: 

(A) a minimum of two feet thick for clay materials; or 

(B) a minimum of 40 mils (i.e., 0.040" ) thick for synthetic materials; 
and 

(C) regardless of the option under •][(b)(2)(A or B), shall be keyed a 
minimum of five feet into natural geologic material which satisfies the 
applicable hydraulic conducfivity requirements in Article 3 of this sub- 
chapter. 

(3) If cutoff walls are used, excavations for Units shall be keyed into 
natural geologic materials which satisfy applicable hydraulic conductiv- 
ity requirements in Article 3 of this Subchapter. 

(4) At closure of a waste pile or surface impoundment, all contami- 
nated natural geologic materials present between the cutoff wall(s) and 
the waste shall be removed and disposed of at an authorized location, or 
the Unit shall be closed as a landfill. 

(5) Cutoff walls shall have fluid collecfion systems installed upgradi- 
ent of the structure. The systems shall be designed, constructed, operated, 
and maintained to prevent the buildup of hydraulic head against the struc- 
ture. The collection system shall be inspected regularly, and accumulated 
fluid shall be removed. 

(c) Grout Curtains. 

(1) Grout curtains may be used as needed to prevent lateral waste 
movement through fractures in natural geologic materials that otherwise 
satisfy applicable hydraulic conductivity requirements in Article 3 of this 



Page 622 



Register 2000, No. 20; 5-19-2000 



Title 27 



Solid Waste 



§ 20375 



Subchapter. Only fractures that are at or near the surface and are of lim- 
ited vertical extent may be grouted. 

(2) The acceptability of grout curtains for a Unit shall include consid- 
eration of: 

(A) depth and nature of fracturing; and 

(B) fracture orientation. 

(3) Grout characteristics shall not be adversely affected by fluid, in- 
cluding waste and leachate. or natural conditions. 

(4) Optimum grouting pressure and the placement of grout holes shall 
be determined by test grouting. 

Norn; Authority cited: Section 1 058, WaterCode. Reference: Sections 1 31 72 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20365. SWRCB— Precipitation and Drainage Controls. 
[CI 5: §2546 //T1 4: §1 7778(e), (f)(1), (g), & (j)] 

(a) General — Units and their respective containment structures shall 
be designed and constructed to limit, to the greatest extent possible, 
ponding, infiltration, inundation, erosion, slope failure, washout, and 
overtopping under the precipitation conditions specified in Table 4. 1 (of 
this article) for each class of waste management unit (Unit). [Note: see 
also §21090(bHJ}.] 

(b) Undiverted Precipitation — Precipitation on landfills or waste piles 
which is not diverted by covers or drainage control systems shall be col- 
lected and managed through the leachate collection and removal system, 
which shall be designed and constructed to accommodate precipitation 
conditions specified in Table 4.1 of this article or each class Unit. 

(c) Performance Standards — Diversion and drainage facilities shall be 
designed, constructed, and maintained: 

(1) to accommodate the anticipated volume of precipitation and peak 
flows from surface runoff under the precipitation conditions specified in 
Table 4. 1 of this article for each class of Unit; 

(2) to effectively divert sheet flow runoff laterally, or via the shortest 
distance, into the drainage and collection facilities; 

(3) to prevent surface erosion through the judicious use of: 

(A) energy dissipators where required to decrease the velocity of run- 
off; and 

(B) slope protection and other erosion control measures; 

(4) to control and intercept run-on, in order to isolate uncontaminated 
surface waters from water that might have come into contact with waste; 

(5) to take into account: 

(A) for closed Units and for closed portions of Units, the expected final 
contours of the closed Unit, including its planned drainage pattern; 

(B) for operating portions of Units other than surface impoundments, 
the Unit's drainage pattern at any given time; 

(C) the possible effects of the Unit's drainage pattern on and by the re- 
gional watershed; 

(D) the design capacity of drainage systems of downstream and adja- 
cent properties by providing for the gradual release of retained water 
downstream in a manner which does not exceed the expected peak flow 
rate at the point of discharge if there were no waste management facility; 
and 

(6) to preserve the system's function. Therefore, the discharger shall 
periodically remove accumulated sediment from the sedimentation or 
detention basins as needed to preserve the design capacity of the system. 

(d) Maintain Capacity — Collection and holding facilities associated 
with precipitation and drainage control systems shall be emptied imme- 
diately following each storm or otherwise managed to maintain the de- 
sign capacity of the system. 

(e) Divert Drainage — Surface and subsurface drainage from outside 
of a Unit shall be diverted from the Unit. 

(f) Resist Erosion from Design Storm — Cover materials shall be 
graded to divert precipitation from the Unit, to prevent ponding of sur- 
face water over wastes, and to resist erosion as a result of precipitation 



with the return frequency specified in Table 4. 1 (of this article) for each 
class of Unit, unless, for a landfill, the CIWMB/EA requires (for protec- 
tion of public health and salety) that the design be capable of resisting 
erosion resulting from a longer return interval storm [see §21 15()(b)l. 
Any drainage layer in the final cover shall be designed and constructed 
to intersect with the final drainage system for the Unit in a manner pro- 
moting free drainage from all portions of the drainage layer. 
NOTE: Authority cited: Section 1 058, Water Code. Reference: Sections 1 3 1 72 and 
13360. Water Code; and Section 43 103, Public Resources Code. 

History 
I. New section filed 6-18-97; operative 7-J8-97 (Register 97. No. 25). 

§ 20370. SWRCB— Seismic Design. (CI 5: §2547) 

(a) Class II Units shall be designed to withstand the maximum credible 
earthquake (MCE) without damage to the foundation or to the structures 
which control leachate, surface drainage, or erosion, or gas. Class III 
Units shall be designed to withstand the maximum probable earthquake 
(MPE) without damage to the foundation or to the structures which con- 
trol leachate. surface drainage, or erosion, or gas. [Noie: see also submit- 
tal requirements under §2 1750(f)(5)] 

Note. Authority cited: Section 1058, WaterCode. Reference: Sections 13 J 72 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20375. SWRCB— Special Requirements for Surface 
Impoundments. (C15: §2548) 

(a) Freeboard — Surface impoundments shall have sufficient free- 
board to accommodate seasonal precipitation and the design storm speci- 
fied in Table 4. 1 of this article, but in no case less than 2 feet (measured 
vertically, from the water surface up to the point on the surrounding lined 
berm, or dike, having the lowest elevation), and shall be designed and 
constructed to prevent overtopping as a result of wind conditions likely 
to accompany such precipitation conditions. The RWQCB can allow a 
freeboard of less than 2 feet at surface impoundments located on the inte- 
rior portions of a waste management facility where: I ) these interiormosl 
impoundments are designed such that potential overflows would be reli- 
ably conveyed by gravity flow and discharged to other surface impound- 
ments having adequate capacity to receive such diversion without ex- 
ceeding their respective freeboard limitations; 2) the operation 
implements a properly developed water balance plan; and 3) the facility 
is provided with a fail-safe emergency retention area solely for the pur- 
pose of containing wastes due to surface impoundment failures. 

(b) Operation Plan — An operation plan shall be submitted to the 
RWQCB which will provide operation levels and waste input quantities 
permitted each month based on anticipated precipitation and on past pre- 
cipitation conditions for the year. 

(c) Fail-Safe — Direct pipeline discharge to surface impoundments 
shall be either equipped with devices or shall have fail-safe operating 
procedures to prevent overfilling. Discharges shall be stopped in the 
event of any containment system failure which causes a threat to water 
quality. 

(d) Unauthorized Discharges — There shall be no discharge from a sur- 
face impoundment except as authorized by WDRs. 

(e) Scour Protection — Surface impoundments shall be designed and 
constructed to prevent scouring of containment structures at points of 
discharge into the impoundments and by wave action at the waterline. 

(0 Liner Inspections — All visible portions of synthetic liners shall be 
inspected weekly until all free liquid is removed from the surface im- 
poundment as part of closure pursuant to §21400(a). If, during the active 
life of the impoundment, the wastes are removed and the bottom of the 
impoundment is cleaned down to the liner, an inspection shall be made 
of the bottom of the liner prior to refilling of the impoundment. 
Note: Authority cited: Section 1 058, Water Code. Reference: Sections 1 3 1 72 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



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Title 27 



§ 20377. SWRCB— Special Requirements for Land 
Treatment Units (LTUs). (CI 5: §2549) 

(a) General — Dischargers operating LTUs shall comply with the gen- 
eral criteria specified in §20320(a & d). with the precipitation and drain- 
age controls specified in §20365. and with the seismic design criteria in 
§20370. 

(b) Performance Standard — Dischargers shall design, construct, oper- 
ate, and maintain LTUs to maximize the degradation, transformation, 
and immobilization of waste constituents in the treatment zone. Dis- 
chargers shall design, construct, operate, and maintain units in accord 
with all design and operating conditions that were used in treatment dem- 
onstrations under §20250. 

NOTE; Authority cited; Section 1058, Water Code. Reference; Sections 13 172 and 
13360, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97: operative 7-18-97 (Register 97, No. 25). 

Subchapter 3. Water Monitoring 

[Note: For gas monitoring at landfills, see Article 6, Subchapter 4 of 
this chapter. For final cover monitoring at landfills, see §2]090(a)(4).] 

Article 1 . SWRCB— Water Quality 

Monitoring and Response Programs for 

Solid Waste Management Units 

§ 20380. SWRCB— Applicability. (C15: §2550.0) 

(a) The regulations in this article apply to owners or operators of facili- 
ties that treat, store, or dispose of waste at waste management units. The 
owner or operator of a surface impoundment, waste pile, landfill, or land 
treatment unit that receives or has received waste (hereinafter referred to 
as "waste management units", or "Units") that is subject to the SWRCB- 
promulgated requirements of this division, pursuant to §§20080 and 
20090 shall comply with the provisions of this article for purposes of de- 
tecting, characterizing, and responding to releases to ground water, sur- 
face water, or the unsaturated zone. Furthermore, §20400 of this article 
also applies to all determinations of alternative cleanup levels for unper- 
mitted discharges to land of solid waste, pursuant to*][III.G. of SWRCB 
Resolution No. 92-49 [§2550.4 of Title 23 of this code serves a similar 
function for unpermitted discharges to land of hazardous waste]. 

(b) Known or Reasonably Foreseeable Release — In accordance with 
applicable requirements of §§22220-22222, waste discharge require- 
ments (WDRs) for a Unit subject to this section shall contain a provision 
which requires the discharger to obtain and maintain assurances of finan- 
cial responsibility for initiating and completing corrective action for all 
known or reasonably foreseeable releases from the Unit. 

(c) [Reserved] 

(d) Apply Unless Clean-Closed — The regulations under this article 
apply during the Unit's active life and closure period. After closure of the 
Unit, the regulations in this article apply during the post-closure mainte- 
nance period of the Unit and during any compliance period under §2041 
of this article, unless: 

( 1 ) the Unit has been in compliance with the water quality protection 
standard ("Water Standard" of §20390) for a period of three consecutive 
years; and 

(2) Clean-Closure — all waste, waste residues, contaminated contain- 
ment system components, contaminated subsoils, and all other contami- 
nated materials are removed or decontaminated at closure, pursuant to: 
§21090(f), for landfills; §2l400(b)(l), for surface impoundments; or 
§2 1410(a)(1), for waste piles. 

(e) Allowable Engineered Alternatives — In considering a monitoring 
proposal by the discharger, the RWQCB can allow an engineered alterna- 
tive for any of the prescriptive standards in this article so long as the 
RWQCB: 



(1) finds that each engineered alternative meets the requirements of 
§2()080(b&c); 

(2) finds, foreach applicable programunder §20385. that the discharg- 
er's proposed monitoring-data procurement and analysis methods 
achieve the program's respective goals, including: 

(A) for a detection monitoring program, the goals articulated in 
§20420(b); 

(B) for an evaluation monitoring program, the goals articulated in 
§20425(a)(2); and 

(C) for a corrective action program, the goals articulated in §20430(b); 

(3) requires ground water monitoring at least annually at disposal 
Units and at Units that will be used for five or more years for waste treat- 
ment or storage. 

NOTE: Authority cited: Section 1 058, Water Code. Reference: Sections 1 3 1 72 and 
13267, Water Code; and Section 43103, Public Resources Code. 

History 
1 . New subchapter 3, article 1 (sections 20380-20435) and section filed 6-18-97; 
operative 7-18-97 (Register 97, No. 25). 

§ 20385. SWRCB— Required Programs. (C1 5: §2550.1 ) 

(a) Monitoring Programs & their Respective Triggers — A discharger 
subject to this article shall conduct a monitoring and response program, 
approved by the RWQCB, for each Unit at the facility as follows. 

( 1 ) Detection Monitoring (default) — The discharger shall institute a 
detection monitoring program (under §20420) except as required below 
under 1(a)(2-4); 

(2) Evaluation Monitoring (trigger #1 ) — The discharger shall institute 
an evaluation monitoring program (under §20425) whenever there is 
"measurably significant" (see §20164) evidence of a release from the 
Unit during a detection monitoring program [under §20420(g or i)]; 

(3) Evaluation Monitoring (trigger #2) — The discharger shall institute 
an evaluation monitoring program (under §20425) whenever there is sig- 
nificant physical evidence of a release from the Unit. Significant physical 
evidence of a release includes unexplained volumetric changes in surface 
impoundments, unexplained stress in biological communities, unex- 
plained changes in soil characteristics, visible signs of leachate migra- 
tion, and unexplained water table mounding beneath or adjacent to the 
Unit and any other change to the environment that could reasonably be 
expected to be the result of a release from the Unit; and 

(4) Corrective Action — The discharger shall institute a correcdve ac- 
tion program under §20430 of this article when the RWQCB determines 
(pursuant to §20425) that the assessment of the nature and extent of the 
release and the design of a Corrective Action Program have been satisfac- 
torily completed and the RWQCB approves the application for an 
amended report of waste discharge for corrective action submitted by the 
discharger during an evaluation monitoring program [pursuant to 
§20425(d)]. 

(b) Preparation for Other Programs — The RWQCB shall specify in the 
WDRs the specific type or types of monitoring programs required and the 
specific elements of each monitoring and response program. For each 
Unit, the RWQCB shall require one or more of the programs identified 
in 1[(a) that is appropriate for the prevailing state of containment at the 
Unit, and shall specify the circumstances under which each of the pro- 
grams will be required. In deciding whether to require the discharger to 
be prepared to institute a particular program, the RWQCB shall consider 
the potential adverse effects on human health or the environment that 
might occur before final administrative action on an amended report of 
waste discharge to incorporate such a program could be taken. 

(c) Concurrent Detection Monitoring Program, Where Necessary — In 
conjunction with an evaluation monitoring program or a corrective ac- 
tion program, the discharger shall continue to conduct a detection moni- 
toring program as necessary to provide the best assurance of the detecUon 
of subsequent releases from the Unit. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263, 13267 and 13304, Water Code; and Section 43103, Public Resources 
Code. 



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Title 27 



Solid Waste 



§ 20400 



HrSTORY 
1. New section Hied 6-18-97: operative 7-18-97 (Register 97, No. 25). 

§ 20390. SWRCB— Water Quality Protection Standard 
(Water Standard). (C15: §2550.2) 

(a) Components & Duration — For each Unit, the RWQCB shall estab- 
lish a water qiiahty protection standard (Water Standard) in the WDRs. 
This Water Standard shall consist of the list of constituents of concern 
(under §20395). the concentration limits (under §20400), and the Point 
of Compliance and all Monitoritig Points (under §20405). This Water 
Standard shall apply during the active life of the Unit, the closure period, 
the post-closure maintenance period, and during any compliance period 
(under §20410). 

(b) Program-Specific Water Standards — If a discharger is conducting 
a detection monitoring program in conjunction with a corrective action 
program for a Unit [pursuant to §20385(c)], the RWQCB may establish 
separate Water Standards for each program. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263. 13267 and 13304, Water Code; and Section 43103, Public Resources 
Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20395. SWRCB— Constituents of Concern (COCs). (C15: 
§2550.3) 

(a) COCs— For each Unit, the RWQCB shall specify in the WDRs the 
Constituents of Concern (COCs) to which the Water Standard (under 
§20390) applies. The COC list shall include all waste constituents, reac- 
tion products, and hazardous constituents that are reasonably expected 
to be in or derived from waste contained in the Unit. 

(b) MSW COCs— For MSW landfills, the COC list shall include all 
constituents mandated under SWRCB Resolution No. 93-62. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263 and 13267, Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 20400. SWRCB— Concentration Limits. (CI 5: §2550.4) 

[Note: The special applicability of this section is described in 
§20380(a); see also §20080(a).] 

(a) Proposal of Concentration Limits — For each Constituent of Con- 
cern (COC) specified pursuant to §20395 (or for a soUd waste constituent 
that is addressed by a cleanup and abatement action taken pursuant to 
SWRCB Resolution No. 92-49), the discharger shall propose one of the 
following for each medium (under §20415, including ground water, sur- 
face water, and the unsaturated zone) monitored pursuant to §20415 of 
this article: 

(1) Background Value — a concentration limit not to exceed the back- 
ground value of that constituent as determined pursuant to 
§204l5(e)(IO)(A); 

(2) Value Redetermined Each Time — that the WDRs include a state- 
ment that, at any given time, the concentration limit for that COC will be 
equal to the background value of that constituent, as determined pursuant 
to§204l5(e)(10)(B); or 

(3) CLGB — a concentration limit greater than background (CLGB) 
established pursuant to this section for a corrective action program. 

(b) Adoption of Concentration Limits — The RWQCB shall review the 
proposed concentration limits and statements and shall approve, modify, 
or disapprove each proposed limit and each proposed statement. Upon 
final approval by the RWQCB, each concentration limit and each state- 
ment shall be specified in WDRs. The RWQCB shall approve more than 
one concentration limit for different Monitoring Points in the same me- 
dium only if: 

( 1 ) more than one background condition exists within a particular me- 
dium; 

(2) the statistical method approved for a constituent uses intra-well 
comparisons procedures; or 



(3) CLGBs have been established for a corrective action program at 
the Monitoring Points in the zone affected by a release from the Unit. 

(c) Establishing a CLGB — For a corrective action program, the 
RWQCB shall establish a CLGB [under 1(a)(3)] only if the^RWQCB 
finds that it is technologically or economically infeasible to achieve the 
background value for that constituent and that the constituent will not 
pose a substantial present or potential hazard to human health or the envi- 
ronment as long as the CLGB is not exceeded. In making this finding, the 
RWQCB shall consider the factors specified in '[[(d). the results of the en- 
gineering feasibility study submitted pursuant to §20425(c), data sub- 
mitted by the discharger pursuant to §20425(d)(2) to support the pro- 
posed CLGB, public testimony on the proposal, and any additional data 
obtained during the evaluation monitoring prograin. 

(d) Considerafions — In establishing a CLGB for a constituent of con- 
cern, the RWQCB shall consider the following factors: 

( I ) potential adverse effects on ground water quality and beneficial 
uses, considering: 

(A) the physical and chemical characterisfics of the waste in the Unit; 

(B) the hydrogeological characteristics of the facility and surrounding 
land; 

(C) the quantity of ground water and the direction of ground water 
How; 

(D) the proximity and withdrawal rates of ground water users; 

(E) the current and potential future uses of ground water in the area; 

(F) the existing quality of ground water, including other sources of 
contamination or pollution and their cumulative impact on the ground 
water quality; 

(G) the potemial for health risks caused by human exposure to waste 
constituents; 

(H) the potential damage to wildlife, crops, vegetation, and physical 
structures caused by exposure to waste constituents; and 

(1) the persistence and permanence of the potential adverse effects; and 

(2) potential adverse effects on surface water quality and beneficial 
uses, considering: 

(A) the volume and physical and chemical characteristics of the waste 
in the Unit; 

(B) the hydrogeological characterisfics of the facility and surrounding 
land; 

(C) the quantity and quality of ground water and the direction of 
ground water flow; 

(D) the patterns of precipitation in the region; 

(E) the proximity of the Unit to surface waters; 

(F) the current and potential future uses of surface waters in the area; 

(G) the existing quality of surface water including other sources of 
contaminafion or pollution and the cumulafive impact on surface water 
quality; 

(H) the potential for health risks caused by human exposure to waste 
consfituents; 

(I) the potenfial damage to wildlife, crops, vegetafion, and physical 
structures caused by exposure to waste constituents; and 

(J) the persistence and permanence of the potential adverse effects. 

(e) CLGB Ceiling — In no event shall a CLGB for a consfituenl of con- 
cern exceed the lowest concentration that the discharger demonstrates 
and the RWQCB finds is technologically and economically achievable. 
No provision of this secfion shall be taken to allow a CLGB for a constitu- 
ent of concern to exceed the maximum concentration that would be al- 
lowed under other applicable statutes or regulations [e.g.. Maximum 
Concentrafion Limits established under the federal Safe Drinking Water 
Act (P.L. 93-523, codified as Subchapter XII of the Public Health Ser- 
vice Act at 42 use 300f, et. seq.; regulafions establishing MCL's are lo- 
cated in 40 CFR Part 141, Subpart B), etc.]. 

(f) Receptor Location — For ground water, in evaluating risk pursuant 
to 1(d) to any biological receptor, the risk shall be evaluated as if expo- 
sure would occur at the Point of Compliance. 

(g) Additivity — Proposals for CLGBs shall include a demonstration 
that the aggregate of hazardous constituents in the environment will not 



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§ 20405 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



result in excessive exposure to a sensitive biological receptor. In the ab- 
sence of scientifically valid data to the contrary, theoretical risks from 
chemicals associated with the release from the Unit shall be considered 
additive across all media of exposure, and shall be considered additive 
for all chemicals having similar toxicological effects or having carcino- 
genic effects. 

(h) Applicability — A CLGB may only be applied during corrective ac- 
tion, or during detection monitoring following corrective action, at Mon- 
itoring Points at which "measurably significant" (see §20164) evidence 
of the release has been determined. 

(i) Decreasing the CLGB — When a detection monitoring program in- 
corporating a CLGB is reinstated after a corrective action program has 
been terminated, each CLGB shall be re-evaluated during each review 
of WDRs or at least every five years. If the RWQCB, upon re-evaluation, 
determines that the concentration of a constituent of concern in ground 
water, surface water, or the unsaturated zone is lower than its associated 
concentration limit by a "measurably significant" (see §20164) amount, 
the concentration limit for that constituent shall be lowered to reflect cur- 
rent water quality. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263 and 13267, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending subsections (a)(1), (a)(2) and (i) 
filed 5-19-2000 pursuant to section 1 00. title 1, California Code of Regulations 
(Register 2000, No. 20). 

§ 20405. SWRCB— Monitoring Points and the Point of 
Compliance. (C15: §2550.5) 

(a) For each Unit, the RWQCB shall specify in the WDRs the Point of 
Compliance at which the Water Standard (of §20390) applies. The Point 
of Compliance is a vertical surface located at the hydraulically downgra- 
dient limit of the Unit that extends through the uppermost aquifer under- 
lying the Unit. For each Unit, the RWQCB shall specify Monitoring 
Points (as defined in §20164) along the Point of Compliance, and shall 
specify additional Monitoring Points at locations determined pursuant to 
§20415(b-d) at which the Water Standard under §20390 applies and at 
which monitoring shall be conducted. 

(b) If the facility contains contiguous Units and monitoring along a 
shared boundary would impair the integrity of a containment or structural 
feature of any of the Units, the Point of Compliance may be located at the 
hydraulically downgradient limit of an area described by an imaginary 
line along the outer boundary of the contiguous Units. This provision 
only applies to contiguous Units that have operated or have received all 
permits necessary for construction and operation before 7-1-91. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263 and 13267, Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 2041 0. SWRCB— Compliance Period. (CI 5: §2550.6) 

(a) The RWQCB shall specify in WDRs a compliance period for each 
Unit. The compliance period is the number of years equal to the active 
life of the Unit (including any waste management activity prior to the 
adoption of the WDRs) plus the closure period. The compliance period 
is the minimum period of Ume during which the discharger shall conduct 
a water quality monitoring program subsequent to a release from the 
Unit. 

(b) The compliance period begins anew each time the discharger initi- 
ates an evaluation monitoring program (under §2042.*^). 

(c) If the discharger is engaged in a corrective action program at the 
scheduled end of the compliance period specified under ^(a). the com- 
pliance period shall be extended until the discharger can demonstrate that 
the Unit has been in confinuous compliance with its Water Standard (un- 
der §20390) for a period of three consecutive years. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263 and 13267, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



§ 2041 5. SWRCB— General Water Quality Monitoring and 
System Requirements. [CI 5: §2550.7 //T1 5: 
§1 7783.5(d)] 

(a) The discharger shall comply with the requirements of this secfion 
for any water quality monitoring program developed to satisfy §20420, 
§20425, or §20430 of this article. 

(b) Ground Water Monitoring System. 

(1) General — Except as provided under ^l(e)(3), the discharger shall 
establish a ground water monitoring system for each Unit. This ground 
water monitoring systein shall include: 

(A) For All Programs — for all monitoring and response programs, a 
sufficient number of Background Monitoring Points (as defined in 
§201 64) installed at appropriate locafions and depths to yield ground wa- 
ter samples from the uppermost aquifer that represent the quality of 
ground water that has not been affected by a release from the Unit; 

(B) For DMP — for a detecfion monitoring program under §20420: 

1 . a sufficient number of Monitoring Points (as defined in §20164) in- 
stalled at appropriate locafions and depths to yield ground water samples 
from the uppermost aquifer that represent the quality of ground water 
passing the Point of Compliance and to allow for the detecfion of a release 
from the Unit; 

2. a sufficient number of Monitoring Points installed at additional lo- 
cations and depths to yield ground water samples from the uppermost 
aquifer to provide the best assurance of the earliest possible detecfion of 
a release from the Unit; 

3. a sufficient number of Monitoring Points and Background Monitor- 
ing Points installed at appropriate locations and depths to yield ground 
water samples from portions of the zone of saturation, including other 
aquifers, not monitored pursuant to f (b)(1)(B) Land 1(b)( I )(B)2., to pro- 
vide the best assurance of the earliest possible detection of a release from 
the Unit; 

4. a sufficient number of Monitoring Points and Background Monitor- 
ing Points installed at appropriate locations and depths to yield ground 
water samples from zones of perched water to provide the best assurance 
of the earliest possible detection of a release from the Unit; and 

5. Monitoring Point locations and depths that include the zone(s) of 
highest hydraulic conducfivity in each ground water body monitored 
pursuant to this subsecfion [i.e., under 1(b), inclusive]. 

(C) For EMP — for an evaluation monitoring program under §20425: 

1 . a sufficient number of Monitoring Points installed at appropriate lo- 
cations and depths to yield ground water samples from the uppermost 
aquifer that represent the quality of ground water passing the Point of 
Compliance and at other locations in the uppermost aquifer to provide the 
data needed to evaluate changes in water quality due to the release from 
the Unit; 

2. a sufficient number of Monitoring Points and Background Monitor- 
ing Points installed at appropriate locafions and depths to yield ground 
water samples from portions of the zone of saturation, including other 
aquifers, not monitored pursuant to 1(b)(l)(C)l., to provide the data 
needed to evaluate changes in water quality due to the release from the 
Unit; and 

3. a sufficient number of Monitoring Points and Background Monitor- 
ing Points installed at appropriate locafions and depths to yield ground 
water samples from zones of perched water to provide the data needed 
to evaluate changes in water quality due to the release from the Unit; and 

(D) For CAP — for a corrective acfion program under §20430: 

1 . a sufficient number of Monitoring Points installed at appropriate lo- 
cations and depths to yield ground water samples from the uppermost 
aquifer that represent the quality of ground water passing the Point of 
Compliance and at other locations in the uppermost aquifer to provide the 
data needed to evaluate the effecuveness of the correcfive acUon pro- 
gram; 

2. a sufficient number of Monitoring Points and Background Monitor- 
ing Points installed at appropriate locations and depths to yield ground 
water samples from porfions of the zone of saturation, including other 



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Title 27 



Solid Waste 



§ 20415 



aquifers, not monitored pursuant to "KhXHCD)]., to provide the data 
needed to evaluate the effeetiveness of the corrective action program; 
and 

3. a sufficient number of Monitoring Points and Background Monitor- 
ing Points installed at appropriate locations and depths to yield ground 
water samples from zones of perched water to provide the data needed 
to evaluate the effectiveness of the corrective action program. 

(2) Alternate Background Locations — The ground water monitoring 
system may include Background Monitoring Points that are not hydrauli- 
cally upgradient of the Unit if the discharger demonstrates to the satisfac- 
tion of the RWQCB that sampling at other Background Monitoring 
Points will provide samples that are representative of the background 
quality of ground water or are more representative than those provided 
by the upgradient Background Monitoring Points. 

(}) Drillers' Logs— Copies of drillers" logs which the Department of 
Water Resources requires to be submitted pursuant to § 1 375 1 of the Cali- 
fornia Water Code shall be submitted to the RWQCB. 

(4) Monitoring Well Performance Standards. 

(A) All monitoring wells shall be cased and constructed in a manner 
that maintains the integrity of the monitoring well bore hole and prevents 
the bore hole from acting as a conduit for contaminant transport. 

(B) The sampling interval of each monitoring well shall be appropri- 
ately screened and fitted with an appropriate filter pack to enable collec- 
tion of representative ground water samples. 

(C) For each monitoring well, the annular space (i.e., the space be- 
tween the bore hole and well casing) above and below the sampling inter- 
val shall be appropriately sealed to prevent entry of contaminants from 
the ground surface, entry of contaminants from the unsaturated zone, 
cross contamination between portions of the zone of saturation, and con- 
tamination of samples. 

(D) All monitoring wells shall be adequately developed to enable col- 
lection of representative ground water samples. 

(c) Surface Water Monitoring Systems. 

( 1 ) General — The discharger shall establish a surface water monitor- 
ing system to monitor each surface water body that could be affected by 
a release from the Unit. 

(2) Each Monitored Surface Water Body — Each surface water moni- 
toring system shall include: 

(A) Background Monitoring Points — a sufficient number of Back- 
ground Monitoring Points established at appropriate locations and 
depths to yield samples from each surface water body that represent the 
quality of surface water that has not been affected by a release from the 
Unit; 

(B) For DMP — for a detection monitoring program (under §20420), 
a sufficient number of Monitoring Points established at appropriate loca- 
tions and depths to yield samples from each surface water body that pro- 
vide the best assurance of the eariiest possible detection of a release from 
the Unit; 

(C) For EMP — for an evaluation monitoring program (under §20425), 
a sufficient number of Monitoring Points established at appropriate loca- 
tions and depths to yield samples from each surface water body that pro- 
vide the data to evaluate changes in water quality due to the release from 
the Unit; and 

(D) For CAP — for a corrective action program (under §20430), a suf- 
ficient number of Monitoring Points established at appropriate locations 
and depths to yield samples from each surface water body that provide 
the data to evaluate compliance with the Water Standard (of §20390) and 
to evaluate the effectiveness of the corrective action program. 

(d) Unsaturated Zone Monitoring System. 

( 1 ) Except as otherwise provided in 11(d)(5), the discharger shall estab- 
lish an unsaturated zone monitoring system for each Unit. 

(2) The unsaturated zone monitoring system shall include: 

(A) Background Monitoring Points — a sufficient number of Back- 
ground Monitoring Points established at appropriate locations and 
depths to yield soil-pore liquid samples or soil-pore liquid measure- 
ments that represent the quality of soil-pore liquid that has not been af- 
fected by a release from the Unit; 



(B) For DMP — for a detection monitoring program (under §20420), 
a sufficient number of Monitoring Points established at appropriate loca- 
tions and depths to yield soil-pore liquid samples or soil-pore liquid 
measurements that provide the best assurance of the earliest possible de- 
tection of a release from the Unit; 

(C) For EMP — for an evaluation monitoring program (under §20425), 
a sufficient number of Monitoring Points established at appropriate loca- 
tions and depths to yield soil-pore liquid samples or soil-pore liquid 
measurements that provide the data to evaluate changes in water quality 
due to the release from the Unit; and 

(D) For CAP — for a corrective action program (under §20430), a suf- 
ficient number of Monitoring Points established at appropriate locations 
and depths to yield soil-pore liquid samples or soil-pore liquid measure- 
ments that provide the data to evaluate compliance with the Water Stan- 
dard (of §20390) and to evaluate the effectiveness of the corrective action 
program. 

(3) Background Plot — Background Monitoring Points shall be in- 
stalled at a background plot having soil characteristics similar to those of 
the soil underiying the Unit. 

(4) Alternate Methods — Liquid recovery types of unsaturated zone 
monitoring (e.g., the use oflysimeters) are required unless the discharger 
demonstrates to the satisfaction of the RWQCB that such methods of un- 
saturated zone monitoring cannot provide an indication of a release from 
the Unit. The RWQCB shall require complementary or alternative (non- 
liquid recovery or remote sensing) types of unsaturated zone monitoring 
to provide the best assurance of the earliest possible detection of a release 
from the Unit. 

(5) Exemption — Unsaturated zone monitoring is required at all new 
Units unless the discharger demonstrates to the satisfaction of the 
RWQCB that there is no unsaturated zone monitoring device or method 
designed to operate under the subsurface conditions existent at that Unit. 
For a Unit that has operated or has received all permits necessary for con- 
struction and operation before 7-1-91, unsaturated zone monitoring is 
required unless the discharger demonstrates to the satisfaction of the 
RWQCB that either there is no unsaturated zone monitoring device or 
method designed to operate under the subsurface conditions existent at 
that Unit or that installation of unsaturated zone monitoring devices 
would require unreasonable dismantling or relocating of permanent 
structures. 

(e) General monitoring requirements. 

(1) All monitoring systems shall be designed and certified by a regis- 
tered geologist or a registered civil engineer. 

(2) Boring Logs — All monitoring wells and all other borings (includ- 
ing but not limited to gas monitoring wells) drilled to satisfy the require- 
ments of this division shall be drilled by a licensed drilling contractor (or 
by a drilling crew under the direct supervision of the design engineer or 
engineering geologist), and shall be logged during drilling under the di- 
rect supervision of a person who is a registered geologist or a registered 
civil engineer, and who has expertise in stratigraphic well logging. These 
logs shall be submitted to the RWQCB upon completion of drilling. 

(A) Soil shall be described in the geologic log in accordance with cur- 
rent industry-wide practices [e.g., American Society for Testing and Ma- 
terials (ASTM) Designation "D2488-93 Method for Visual Classifica- 
tion, Standard Practice for Description and Identification of Soils 
{Visual-Manual Procedure)" for field work, with initial determinations 
backed up by laboratory work under ASTM Designation "D2487-93 
Standard Classification of Soils for Engineering Purposes (Unified Soil 
Classification System), " available from ASTM, 100 Barr Harbor Drive, 
West Conshohocken, PA 19428-2959]. 

(B) Rock shall be described in the geologic log in a manner appropriate 
for the purpose of the investigation. 

(C) Where possible, the depth and thickness of saturated zones shall 
be recorded in the geologic log. 

(3) Shared Systems — If a facility contains contiguous Units, separate 
ground water monitoring systems are not required for each such Unit if 



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§ 20415 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



the discharger demonstrates to the satisfaction of the RWQCB that the 
water quality monitoring program for each Unit will enable the earliest 
possible detection and measurement of a release from that Unit. 

(4) QA/QC — The water quahty monitoring program shall include 
consistent sampling and analytical procedures that are designed to ensure 
that monitoring results provide a reliable indication of water quality at all 
Monitoring Points and Background Monitoring Points. At a minimum, 
the program shall include a detailed description of the procedures and 
techniques for: 

(A) sample collection, including purging techniques, sampling equip- 
ment, and decontamination of sampling equipment; 

(B) sample preservation and shipment; 

(C) analytical procedures; and 

(D) chain of custody control. 

(5) Sampling & Analytical Methods — The water quality monitoring 
program shall include appropriate sampling and analytical methods for 
ground water, surface water, and the unsaturated zone that accurately 
measure the concentration of each COC and the concentration or value 
of each Monitoring Parameter. 

(6) Initial Background Sampling — For each Unit, the discharger shall 
collect all data necessary for selecting the appropriate data analysis meth- 
ods pursuant tof (e)(7-9) and for establishing the background values spe- 
cified pursuant to^(e)(10). At a minimum, this data shall include analyti- 
cal data obtained during quarterly sampling of all Background 
Monitoring Points for a period of one year, including the times of ex- 
pected highest and lowest annual elevations of the ground water surface. 
For a new Unit, this data shall be collected before wastes are discharged 
at the Unit and background soil-pore liquid data shall be collected from 
beneath the Unit before the Unit is constructed. 

(7) Propose Data Analysis Method(s) — Based on data collected pur- 
suant to "31(e)(6), the discharger shall implement data analysis methods al- 
lowed in 1(e)(8) for each COC and for each Monitoring Parameter. The 
data analysis methods shall be used in evaluating water quality monitor- 
ing data. The specifications for each data analysis method shall include 
a detailed description of the criteria to be used for determining "measur- 
ably significant" (as that term is defined in §20164) evidence of any re- 
lease from the Unit and for determining compliance with the Water Stan- 
dard. Each statistical test specified for a particular COC or Monitoring 
Parameter shall be conducted for that COC or Monitoring Parameter at 
each Monitoring Point. Where practical quantitation limits (PQLs) are 
used in any of the following data analysis methods to comply with 
1(e)(9)(E), the discharger shall identify the PQL to the RWQCB. The dis- 
charger shall: 

(A) continue using the methods specified in the existing M&RP; or 

(B) submit to the RWQCB, before implementing the selected meth- 
ods, a comprehensive technical report, certified by an appropriately reg- 
istered professional, documenting that use of the proposed data analysis 
methods will comply with the performance standards outlined in 1[(e)(9, 
10, & 12): 

1 . the RWQCB shall audit selected reports submitted pursuant to this 
subdivision for compliance and applicability, as deemed necessary by 
the RWQCB; and 

2. the discharger shall not change the data analysis methods developed 
pursuant to this subdivision until the next review/update of the M&RP, 
unless directed to make changes by the RWQCB; or 

(C) use any water quality data analysis software the SWRCB or 
RWQCB deems appropriate for such use, provided that the manner of 
such use is consistent with the manner of usage the SWRCB or RWQCB 
has deemed appropriate (without the need for additional substantiation), 
for that software, and further provided that the discharger notifies the 
RWQCB before initiating such use. 

(8) Allowable Data Analysis Methods — The statistical data analysis 
requirement in this article do not preclude the use of a particular non-sta- 
tistical method which can achieve the goal of the particular monitoring 
program at least as well as will the most appropriate statistical method. 



If statistical methods cannot meet these goals, the discharger's proposed 
non- statistical method must achieve the goal of the particular monitor- 
ing program adequately [see 1(e)(12)(A)l.-3.]. For those monitoring 
data analyses in which statistical methods are used, the discharger shall 
use one of the following methods: 

(A) Parametric ANOVA — a parametric analysis of variance 
(ANOVA) followed in all instances by a multiple comparisons procedure 
to identify "measurably significant" (see §20164) evidence of a release 
from the Unit. The method shall include estimation and testing of the con- 
trasts between each monitoring point's mean and the background mean 
value for each constituent or parameter; 

(B) Nonparametric ANOVA — an ANOVA based on ranks followed 
in all instances by a multiple comparisons procedure to identify "measur- 
ably significant" (see §20164) evidence of a release from the Unit. The 
method shall include esti mation and testing of the contrasts between each 
monitoring point's median and the background median values for each 
constituent of concern or monitoring parameter; 

(C) Tolerance Interval — a tolerance or prediction interval procedure 
in which an interval for each COC or Monitoring Parameter is established 
from the distribution of the background data, and the value for each COC 
or Monitoring Parameter at each monitoring point is compared to the up- 
per tolerance or prediction limit; 

(D) Control Chart — a control chart approach that gives control limits 
for each COC or Monitoring Parameter; or 

(E) Other Statistical Methods — any statistical test method submitted 
by the discharger including, but not hmited to, any statistical method 
which includes a procedure to verify that there is "measurably signifi- 
cant" (see §20164) evidence of a release from the Unit. If the statistical 
test method includes a verification procedure, this procedure shall in- 
clude either a single "composite" retest (i.e.. a statistical analysis that 
augments and reanalyzes the data from the Monitoring Point that indi- 
cated a release) or shall consist of at least two "discrete" retests (i.e., sta- 
tistical analyses each of which analyzes only newly-acquired data from 
the Monitoring Point that indicated a release). The verification procedure 
shall comply with the following requirements in addition to the stafistical 
performance standards under <|(e)(9): 

1 . Discrete Retest Rule — if the verification procedure consists of dis- 
crete retests, rejection of the null hypothesis for any one of the retests 
shall be considered confirmation of "measurably significant" (see 
§20164) evidence of a release; 

2. Retest Sample Size — the number of additional samples collected 
and analyzed for use in the verification procedure shall be appropriate for 
the form of statistical test specified in the WDRs for that COC or Moni- 
toring Parameter pursuant to 11(e)(7). The number of additional samples 
(obtained at the indicating Monitoring Point for the indicating COC or 
Monitoring Parameter) shall be greater than or equal to the number of 
samples specified in the WDRs for that constituent or parameter pursuant 
to«I(e)(12)(A); 

3. 30-Day Resampling Window — if resampling at the interval identi- 
fied for use in the inifial statistical test pursuant to 1(e)(12)(B) would 
cause the entire resampling effort to take longer than 30 days, the sam- 
pling interval for use in the verification procedure shall be reduced to en- 
sure that all samples are collected and submitted for laboratory analysis 
within 30 calendar days from the time that the discharger determines 
"measurably significant" (see §20164) evidence of a release pursuant to 
§20420(g or i); 

4. Data Mix (for Composite Retest) — for a verification procedure con- 
taining a composite retest, the statistical verification procedure shall be 
based on all data obtained from the initial sampling event combined with 
all data obtained during the resampling event. For a verification proce- 
dure containing discrete retests, each retest shall analyze data obtained 
during its respecUve resampling event(s) and no data shall be shared be- 
tween retests; 

5. Retest Effects on Type I Error Rate — the Type I error for statistical 
methods employing a retest procedure shall be as follows: 



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Title 27 



Solid Waste 



8 20415 



a. When Initial Test = Retest — in cases where the discharger proposes 
to use the same statistical test for both the initial test and the retest, either: 

i. a for Composite Retest — for a verification procedure containing a 
composite retest, the statistical test method used in the verification proce- 
dure shall be conducted at a Type I error rate of no less than 0.05 for both 
the experiment-wise analysis (if any) and the individual Monitoring 
Point comparisons. Therefore, if a control chart approach is used to eval- 
uate water quality monitoring data, the upper limit on an X-Bar or R- 
Chart must be set at no more than 1 .645 standard deviations of the statis- 
tic plotted for a one-sided statistical comparison or at no more than 1 .96 
standard deviations of the statistic plotted for a two-sided statistical com- 
parison; or 

ii. a for Discrete Retest (& Original Test Too) — For a verification pro- 
cedure containing discrete retests, the statistical test method used shall 
be the same as the method used in the initial statistical comparison. Not- 
withstanding any provision of 11(e)(9), the critical value for the tests shall 
be chosen so that the Type I error rate for all individual monitoring point 
comparisons is the same, whether for an initial test or for a retest. and is 
equal-to-or-greater-than either 



(|_[0.9511/[M*W'-S)0..S:|:(]/R)0.5 or 

l-(0.99)i^S_ 



whichever is larger, where: M= the number of Monitoring Parameters (or 
COCs. as appropriate) being tested by statistical methods during that Re- 
porting Period; W = the total number of Monitoring Points at the Unit 
(considering all monitored media); S = the number of times that suites of 
monitoring data from the Unit are subjected to initial statistical analysis 
within a period of six months (i.e., for Monitoring Parameter testing, 
S>1 . but for COC testing. S=l ); and R = the number of discrete retests 
that are to be conducted at a Monitoring Point for a given COC or Moni- 
toring Parameter whose initial statistical analysis, at that Monitoring 
Point, has indicated the presence of a release (i.e., R>2); or 

b. When Retest Differs From Initial Test Method — in cases where the 
discharger proposes to use a different statistical test for the composite or 
discrete retest than that which provided the initial indication of a release 
{e.g., parametric Tolerance Limit test facility-wide, following by a para- 
metric Prediction Limit retest for any indicating Monitoring Point), the 
individual Monitoring Point error level requirements of 1(e)(9)(B) do not 
apply. Nevertheless, the discharger shall demonstrate that the initial and 
retest method, in combination, provide; 

i. a facility-wide false positive rate of >5%, for the indicated COC or 
Monitoring Parameter; and 

ii. a statistical power equivalent to or better than the USEPA Reference 
Power Curve (see Section 5 and Appendix B of "Statistical Analysis of 
Ground-Water Monitoring Data at RCRA Facilities — Addendum To In- 
terim Final Guidance^', USEPA Office of Solid Waste, Washington, 
D.C.. July. 1992), which is hereby incorporated by reference. 

6. Reporting — the discharger shall report to the RWQCB by certified 
mail the results of both the initial statistical test and the results of the veri- 
fication procedure, as well as all concentration data collected for use in 
these tests within seven days of the last laboratory analysis of the samples 
collected for the verification procedure; and 

7. Scope — the verification procedure shall only be performed for the 
constituent(s) or parameters which has shown "measurably significant" 
(see §20164) evidence of a release, and shall be performed for those 
Monitoring Points at which a release is indicated. 

(9) Data Analysis Method Performance Standards — In cases where 
the discharger proposes to use a non-statistical data analysis method, the 
discharger shall demonstrate that it meets the performance standard giv- 
en in the leading paragraph of f (e)(8). Each statistical method chosen un- 
der<][(e)(7) for specification in the WDRs shall comply with the following 



performance standards for each six-month period: 

(A) Fit & Performance — the statistical method used to evaluate water 
quality monitoring data shall be appropriate for the distribution of the 
COC or Monitoring Parameter to which it is applied and shall be the least 
likely of the appropriate methods to fail to identify a release from the 
Unit. If the distribution of a COC or Monitoring Parameter is shown by 
the discharger to be inappropriate for a normal theory test, then the data 
shall be either transformed so that the distribution of the transformed data 
is appropriate for a normal theory test or a distribution-free theory test 
shall be used. If the distributions for the COC or Monitoring Parameters 
differ, more than one statistical method may be needed; 

(B) a Level — if an individual Monitoring Point comparison proce- 
dure is used to compare an individual Monitoring Point constituent con- 
centrafion or Monitoring Parameter value with a concentration limit in 
the Water Standard or with a background Monitoring Parameter value, 
the test shall be done at a Type I error rate (a, as a decimal fraction) no 
less than 0.01. If a multiple comparisons procedure is u.sed, the Type I 
experiment-wise error rate (experiment- wise a) shall be no less than 
0.05; however, a Type I error rate of no less than 0.0 1 for individual Mon- 
itoring Point comparisons shall be maintained. This performance stan- 
dard does not apply to tolerance intervals, prediction intervals, control 
charts, or any method using discrete retests [for (X levels applicable to the 
latter case, see 1[(e)(8)(E)5.b.]; 

(C) Control Chart Rate — if a control chart approach is used to evaluate 
water quality monitoring data, the specific type of control chart and its 
associated statistical parameter values (e.g., the upper control limit) shall 
be included in the supporting documentation under 1(e)(7). The dis- 
charger shall use the procedure only if the discharger's supporting docu- 
mentation under 1(e)(7) shows the procedure to be protective of human 
health and the environment. Any control charting procedure must have 
a false-positive rate of no less than 1 percent for each Monitoring Point 
charted (e.g., upper control limits on X~bar or R-Cliarts used only once 
every six months must be set at no more than 2.327 standard deviations 
of the statistic plotted for a one-sided statistical comparison or at no 
more than 2.576 standard deviations of the statistic plotted for a ns>o- 
sided statistical comparison); 

(D) Tol. Int./Pred. Int. Rate — if a tolerance interval or a prediction in- 
terval is used to evaluate water quality monitoring data, the levels of con- 
fidence and, for tolerance intervals, the percentage of the population that 
the interval must contain shall be proposed by the discharger and in- 
cluded in the technical documenation submitted to the RWQCB pursuant 
to 1(e)(7). The discharger can use the parameters only if the documenta- 
tion submitted under 1(e)(7) shows these statistical parameters to be pro- 
tective of human health and the environment. These statistical parame- 
ters shall be determined after considering the number of samples in the 
background data base, the data distribution, and the range of the concen- 
trations or values for each COC or Monitoring Parameter. The coverage 
of any tolerance interval used shall be no more than 95 percent and the 
confidence coefficient shall be no more than 95 percent for a six-month 
period. Prediction intervals shall be constructed with an experiment- 
wise error rate of no less than 5 percent and an individual monitoring 
point error rate of no less than 1 percent; 

(E) Addressing Censored Data — the statistical method shall account 
for data below the practical quantitation limit with one or more statistical 
procedures that are protective of human health and the environment. Any 
practical quantitation limit validated pursuant to1(e)(7) that is used in the 
statistical method shall be the lowest concentration (or value) that can be 
reliably achieved within limits of precision and accuracy specified in the 
WDRs for routine laboratory operating conditions that are available to 
the facility. The discharger's technical report, under1(e)(7) shall consid- 
er the practical quanUtaUon limits listed in Appendix IX to Chapter 1 4 of 
Division 4.5 of Title 22, California Code of Regulations (Appendix IX) 



Page 629 



Register 97, No. 25; 6-20-97 



§ 20420 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



for guidance when specifying limits of precision and accuracy in the 
WDRs; 

(F) Seasonal/Spatial Variability — if necessary, the statistical methods 
shall include procedures to control or correct for seasonal and spatial 
variability as well as temporal correlation in the data; and 

(G) Outliers — any quality control procedure that is declared for use, 
in the technical report under ^(e)(7), for application to water quality data 
from downgradient monitoring points for a monitored medium shall also 
be applied to all newly-acquired background data from that medium. 
Any newly-acquired background monitoring datum that is rejected by an 
approved quality control procedure shall be maintained in the facility re- 
cord but shall be excluded from use in statistical comparisons with down- 
gradient water quality data. 

(10) Background Values/Procedures — Based on the data collected 
pursuant to 11(e)(6) and the data analysis methods addressed in the techni- 
cal report under|(e)(7), the discharger shall justify the use of a procedure 
for determining a background value for each COC and for each Monitor- 
ing Parameter specified in the WDRs. These procedures shall be pro- 
posed for ground water, surface water, and the unsaturated zone. The dis- 
charger shall declare and substantiate one of the following methods in the 
technical report under 1(e)(7): 

(A) By Reference to Historical Data — a procedure for determining a 
background value for each constituent or parameter that does not display 
appreciable variation; or 

(B) By Using a Formula/Procedure — a procedure for establishing and 
updating a background value for a constituent or parameter to reflect 
changes in the background water quality if the use of contemporaneous 
or pooled data provides the greatest power to the data analysis method 
for that constituent or parameter. 

(11) [Reserved] 

(12) Sampling Methods — For each COC and Monitoring Parameter 
listed in the WDRs. the discharger shall verify, in the technical report un- 
der *l(e)(7), that the sampling methods to be used to establish background 
values and the sampling methods to be used for monitoring pursuant to 
this article are consistent with the following: 

(A) Sample Size — the number and kinds of samples collected shall be 
appropriate for the form of data analysis employed and, in the case of sta- 
tistical data analysis shall follow generally accepted statistical principles. 
The "sample size" (i.e., the number of water quality data points repre- 
senting a given Monitoring Point or Background Monitoring Point) ap- 
proved for the data analysis method shall be as large as necessary to en- 
sure with reasonable confidence that: 

1 . for a detection monitoring program, a release from the Unit will be 
detected; 

2. for an evaluation monitoring program, changes in water quality due 
to a release from the Unit will be recognized; and 

3. for a corrective action program, compliance with the water quality 
protection standard and effectiveness of the corrective action program 
will be determined; and 

(B) Data Collection & Analysis — the sampling method (including the 
sampling frequency and the interval of time between successive samples) 
shall be appropriate for the medium from which samples are taken (e.g., 
ground water, surface water, and soil-pore liquid). For ground water, 
sampling shall be scheduled to include the times of expected highest and 
lowest elevations of the potentiometric surface. The sampling method 
shall assure, to the greatest extent possible, that independent samples are 
obtained. For ground water, the discharger can use a post-sampling 
purge to assure sample independence whenever the time between succes- 
sive sampling events (for a given COC or Monitoring Parameter) is insuf- 
ficient to assure sample independence, in which case the volume of well 
water to be withdrawn from the well bore for the post-sampling purge 
shall be determined by the same method used to determine adequate pre- 
sampling purging. The sampling method selected shall include collection 
of at least the appropriate number of new data points [pursuant to 
1[(e)(12)(A)] at least semi-annually from each Monitoring Point and 



background monitoring point and data analysis carried out at least semi- 
annually. The RWQCB shall require more frequent sampling and statisti- 
cal analysis than is stated in the discharger's technical report under 
'][(e)(7) where necessary to protect human health or the environment. 

(13) Elevation & Field Parameters — The ground water portion of the 
monitoring program shall include an accurate determination of the 
ground water surface elevation and field parameters (temperature, elec- 
trical conductivity, turbidity, and pH) at each well each time ground wa- 
ter is sampled. 

(14) Annual Data Graphs — The discharger shall graph all analytical 
data from each Monitoring Point and Background Monitoring Point and 
shall submit these graphs to the RWQCB at least once annually, except 
that graphs are not required for constituents for which no new data has 
been collected since the previous graph submittal. Graphs shall be at a 
scale appropriate to show trends or variations in water quality. All graphs 
for a given constituent shall be plotted at the same scale to facilitate visual 
comparison of monitoring data. Unless the discharger receives written 
approval from the RWQCB to use an alternate procedure that more effec- 
tively illustrates trends or variations in the data, each graph shall repre- 
sent data from one Monitoring Point or Background Monitoring Point 
and one Constituent of Concern or Monitoring Parameter. 

(15) G.W. Row Direction — In addition to the water quality sampling 
conducted pursuant to the requirements of this article, the discharger 
shall measure the water elevation in each well and determine ground wa- 
ter flow rate and direction in the uppermost aquifer and in any zones of 
perched water and in any additional portions of the zone of saturation 
monitored pursuant to1(b)( I ) at least quarterly, including the times of ex- 
pected highest and lowest elevations of the water levels in the wells. 

(16) Operating Record — Water quality monitoring data collected in 
accordance with this article, including actual values of constituents and 
parameters, shall be maintained in the facility operating record. The 
RWQCB shall specify in the WDRs when the data shall be submitted for 
review. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263 and 13267, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20420. SWRCB— Detection Monitoring Program. (CI 5: 
§2550.8) 

(a) General — A discharger required, pursuant to §20385, to establish 
a detection monitoring program for a Unit shall, at a minimum, comply 
with the requirements of this section for that Unit. 

(b) Standards — The discharger subject to this section shall install wa- 
ter quality monitoring systems that are appropriate for detecting, at the 
earliest possible time, a release from the Unit, and that comply with appli- 
cable provisions of §20415. 

(c) Background — The discharger shall establish a background value 
pursuant to §20415(e)(10) for each Monitoring Parameter specified pur- 
suant to 1(e) and for each Constituent of Concern under §20395. 

(d) Water Standard— The RWQCB shall specify the Water Standard 
under §20390 in the WDRs. 

(e) Monitoring Parameters — The discharger shall propose for approv- 
al by the RWQCB a list of Monitoring Parameters for each medium 
(ground water, surface water, and the unsaturated zone) to be monitored 
pursuant to f(i) and §20415, including a data analysis method meeting 
the requirements of that section for each Monitoring Parameter. The list 
for each monitored medium shall include those physical parameters, haz- 
ardous constituents, waste constituents, and reaction products that pro- 
vide a reliable indication of a release from the Unit to that medium. In 
addition, for an MSW landfill, the list of monitoring parameters shall 
meet the requirements of SWRCB Resolution No. 93-62 (which incor- 
porates by reference the federal requirements of 40CFR258.54). The 
RWQCB shall specify each list of Monitoring Parameters in the WDRs 
after considering the following factors: 



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Title 27 



Solid Waste 



§ 20420 



(1) the types, quantities, and concentrations of constituents in wastes 
managed at the Unit; 

(2) the expected or demonstrated correlation between the proposed 
Monitoring Parameters and the Constituents ot Concern specified for the 
Unit under §20395; 

(3) the mobiUty, stability, and persistence of waste constituents or their 
reaction products; 

(4) the detectability of physical parameters, waste constituents, and 
reaction products; and 

(5) the background values and the coefficients of variation of proposed 
Monitoring Parameters in ground water, surface water, and the unsaturat- 
ed zone. 

(f) Routine Monitoring — The discharger shall monitor [pursuant to 
*f(i)J for the Monitoring Parameters listed in the WDRs pursuant to 1(e). 
The RWQCB shall specify the frequencies for collecting samples and for 
analyzing the resulting data, pursuant to §20415(e)(12). 

(g) Five-Yeariy COC Monitoring — In addition to monitoring for the 
Monitoring Parameters specified pursuant to 1(e). the discharger shall 
periodically monitor for COCs specified in the WDRs. and shall deter- 
mine, pursuant to 1(1). whether there is "measurably significant" (see def- 
inition in §201 64) evidence of a release for any COC using the data anal- 
ysis procedure specified pursuant to §204 15(e)(7). The RWQCB shall 
specify in WDRs the frequencies and locations for monitoring pursuant 
to this paragraph after considering the degree of certainty associated with 
the expected or demonstrated correlation between values for Monitoring 
Parameters and values for the COCs. Monitoring pursuant to this para- 
graph shall be conducted at least every five years. 

(h) Data Record & Format — The discharger shall maintain a record of 
water quality analytical data as measured and in a form necessary for im- 
plementing the data analysis procedure required pursuant to Kg) and*|(i). 

(i ) Data Analysis — For each Monitoring Point, the discharger shall de- 
termine whether there is "measurably significant" (see §201 64) evidence 
of a release from the Unit for any Monitoring Parameter (or COC) speci- 
fied in the WDRs pursuant to 1(e) at a frequency specified pursuant to 1(f) 
or Kg). 

( 1 ) In determining whether "measurably significant" (see §201 64) ev- 
idence of a release from the Unit exists, the discharger shall use the meth- 
od(s) chosen pursuant to §204 15(e)(7). This method(s) shall be used to 
compare data collected at the Monitoring Point(s) with the background 
water quality data, except as otherwise provided in §20400(i). 

(2) Determination — The discharger shall determine whether there is 
"measurably significant" (see §20164) evidence of a release from the 
Unit at each Monitoring Point within a reasonable period of time after 
completion of sampling. The RWQCB shall specify in the WDRs what 
period of time is reasonable after considering the complexity of the statis- 
tical test and the availability of laboratory facilities to perform the analy- 
sis of samples. 

(3) RWQCB Finding — The provisions of this section shall not pre- 
clude the RWQCB from making an independent finding that there is 
"measurably significant" (see §20164) evidence of a release from the 
Unit. If the RWQCB makes such a finding, the discharger shall comply 
with the provisions of this section that are required in response to "mea- 
surably significant" (see §20164) evidence of a release from the Unit. 

(j) If Release Indicated — If the discharger determines pursuant to 1(i) 
that there is "measurably significant" (see §20164) evidence of a release 
from the Unit, the di.scharger: 

(1) Notification — shall immediately notify RWQCB staff verbally of 
the finding and shall provide written notification by certified mail within 
seven days of such determination. The nofification shall, for each af- 
fected monitoring point, identify the monitoring parameters and constit- 
uents of concern that have indicated "measurably significant" (see 
§20164) evidence of a release from the Unit; 

(2) Retest Optional — can immediately initiate the verification proce- 
dure pre-approved by the RWQCB [pursuant to §2041 5(e)(8)(E)] to 
verify that there is "measurably significant" (see §20164) evidence of a 



release from the Unit for a parameter or constituent which has indicated 
a release at a Monitoring Point; and 

(3) Next Step — immediately following detection of a release (or afier 
completing the retest under 1(j)(2)], shall comply with the requirements 
of1(k). 

(k) Responding to Release Discovery — If a verification procedure, 
performed pursuant to1(j)(2), confirms that there is "measurably signifi- 
cant" (see §20 1 64) evidence of a release from the Unit or if the discharger 
does not resample the discharger shall perform the following: 

( I ) Non-Statistical COC Scan — if the detection was made based upon 
sampling and analysis for Monitoring Parameters [under 1(f)|. immedi- 
ately sample all Monitoring Points in the affected medium at that Unit 
and determine the concentration of all COC. Because this COC scan does 
not involve statisfical testing, the discharger need collect and analyze 
only a single water sample from each Monitoring Point in the affected 
medium. The RWQCB can approve an appropriate subset of Monitoring 
Points to be sampled for all COCs. based upon the hydrogeologic condi- 
tions at the Unit; 

(2-4) [Reserved.]; 

(5) Amended ROWD Proposing EMP — within 90 days of determin- 
ing "measurably significant" (see §20164) evidence of a release, submit 
to the RWQCB an amended report of waste discharge to establish an 
evaluation monitoring program meeting the provisions of §20425. The 
report shall include the following informaUon; 

(A) COC Concentrations — the maximum concentration of each COC 
at each Monitoring Point as determined during the most recent COC sam- 
pling event [i.e., under Kg) orKk)(l)]; 

(B) Proposed Monitoring System Changes — any proposed changes to 
the water quality monitoring systems at the Unit necessary to meet the 
provisions of §20425; 

(C) Proposed Monitoring Changes — any proposed additions or 
changes to the monitoring frequency, sampling and analytical proce- 
dures or methods, or statistical methods used at the Unit necessary to 
meet the provisions of §20425; and 

(D) Proposed Delineation Approach — a detailed description of the 
measures to be taken by the dischiirger to assess the nature and extent of 
the release from the Unit; 

(6) Submit Initial EFS — within 180 days of determining measurably 
significant evidence of a release, submit to the RWQCB an engineering 
feasibility study for a corrective action program necessary to meet the re- 
quirements of §20430. At a minimum, the feasibility study shall contain 
a detailed description of the corrective action measures that could be tak- 
en to achieve background concentrations for all Constituents of Concern; 
and 

(7) Optional Demonstration (Tliat Unit Is Not At Cause) — if the dis- 
charger determines, pursuant to 1(i), that there is "measurably signifi- 
cant" (see §20164) evidence of a release from the Unit at any Monitoring 
Point, the discharger may demonstrate that a source other than the Unit 
caused the evidence of a release or that the evidence is an artifact caused 
by an error in sampling, analysis, or staUstical evaluation or by natural 
variation in the ground water, surface water, or the unsaturated zone. The 
discharger may make a demonstration pursuant to this subsection in addi- 
tion to or in lieu of submitting both an amended report of waste discharge 
pursuant to Kk)(5) and an engineering feasibility study pursuant to 
1(k)(6); however, the discharger is not relieved of the requirements speci- 
fied in 1(k)(5) and 1(k)(6) unless the demonstration made pursuant to this 
subsecfion successfully shows that a source other than the Unit caused 
the evidence of a release or that the evidence resulted from error in sam- 
pling, analysis, or evaluation, or from natural variation in ground water, 
surface water, or the unsaturated zone. In making a demonstration pur- 
suant to this subsecfion, the discharger shall: 

(A) Notification of Intent — within seven days of determining "mea- 
surably significant" (see §20164) evidence of a release, notify the 
RWQCB by certified mail that the discharger intends to make a demon- 
strafion pursuant to this subsecfion [Kk)(7)]; 



Page 631 



Register 97, No. 25; 6-20-97 



§ 20425 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(B) Demonstration Due Date — within 90 days of determining "mea- 
surably significant" (see §20164) evidence of a release, submit a report 
to the RWQCB that demonstrates that a source other than the Unit caused 
the evidence, or that the evidence resulted from error in sampling, analy- 
sis, or evaluation, or from natural variation in ground water, surface wa- 
ter, or the unsaturated zone; 

(C) Amended ROWD — within 90 days of determining "measurably 
significant" (see §20164) evidence of a release, submit to the RWQCB 
an amended report of waste discharge to make any appropriate changes 
to the detection monitoring program; and 

(D) DMP Continues — continue to monitor in accordance with the de- 
tection monitoring program established pursuant to this section. 

(/) Changes in Response to Other Problems — If the discharger deter- 
mines that there is significant physical evidence of a release, as described 
in §20385(a)(3), or that the detection monitoring program does not satis- 
fy the requirements of this section, the discharger shall; 

( 1 ) notify the RWQCB by certified mail within 7 days of such determi- 
nation; and 

(2) within 90 days of such determination, submit an amended report 
of waste discharge to make any appropriate changes to the program. 

(m) Changes By RWQCB — Any time the RWQCB determines that 
the detection monitoring program does not satisfy the requirements of 
this section the RWQCB shall send written notification of such determi- 
nation to the discharger by certified mail, return receipt requested; the 
discharger shall, within 90 days after receipt of such notification by the 
RWQCB, submit an amended report of waste discharge to make any ap- 
propriate changes to the program. 

(n) [Reserved.] 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263 and 13267, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20425. SWRCB— Evaluation Monitoring Program. (CI 5: 
§2550.9) 

(a)( 1 ) General — A discharger required pursuant to §20385 to establish 
an evaluation monitoring program for a Unit shall, at a minimum, comply 
with the requirements of this section for that Unit. 

(2) Standards — The evaluation monitoring program shall be used to 
assess the nature and extent of the release from the Unit and to design a 
corrective action program meeting the requirements of §20430. 

(b) 90 Days To Delineate Release — The discharger shall collect and 
analyze all data necessary to assess the nature and extent of the release 
from the Unit. This assessment shall include a determination of the spa- 
cial distribution and concentration of each COC throughout the zone af- 
fected by the release. The discharger shall complete and submit this 
assessment within 90 days of establishing an evaluation monitoring pro- 
gram. For MSW landfills, the discharger shall comply with the additional 
notification and monitoring system requirements incorporated by refer- 
ence into SWRCB Resolution No. 93-62, regarding notification and 
monitoring relative to offsite or potential off-site migration of waste con- 
stituents [see §§258.55(g)(l)(ii & iii) of 40CFR258]. 

(c) 90 Days to Update EPS — Based on the data collected pursuant to 
f (b) and 1(e), the discharger shall update the engineering feasibility study 
for corrective action required pursuant to §20420(k)(6). The discharger 
shall submit this updated engineering feasibility study to the RWQCB 
within 90 days of establishing an evaluation monitoring program. 

(d) 90 Days to Amend ROWD — Based on the data collected pursuant 
to 1(b) and on the engineering feasibility study submitted pursuant to 
1(c), the discharger shall submit an amended report of waste discharge 
to establish a corrective action program meeting the requirements of 
§20430. The discharger shall submit this report to the RWQCB within 90 
days of establishing an evaluation monitoring program. 

( 1) MSW Landfills— For MSW landfills, the discharger shall meet the 
additional federal notification requirements incorporated by reference by 
SWRCB Resolution No. 93-62 [see 40CFR258.56(d)]. 



(2) Minimum ROWD Update — This report shall at a minimum in- 
clude the following information: 

(A) Delineation of Release — a detailed assessment of the nature and 
extent of the release from the Unit; 

(B) Water Standard — a proposed Water Standard under §20390, in- 
cluding any proposed CLGBs under §20400, and all data necessary to 
justify each such limit; 

(C) Corrective Action Measures — a detailed description of proposed 
corrective action measures that will be taken to achieve compliance with 
the Water Standard proposed for a corrective action program; and 

(D) Monitoring Plan — a plan for a water quality monitoring program 
that will demonstrate the effectiveness of the proposed corrective action. 

(3) Coordinated Landfill Gas Control — For landfills at which the in- 
formation submitted under 1(d) indicates that the release likely involves 
landfill gas. the RWQCB shall noUfy and shall coordinate, as appropri- 
ate, with the EA and (as appropriate) the CIWMB in developing those as- 
pects of the corrective action program involving the design, installation, 
and operation of the landfill-gas control and monitoring systems at the 
Unit, such that the resulting gas control program satisfies the needs of all 
agencies concerned. [Note: the CIWMB' s gas control regulations are in 
Arficle 6, Subchapter 4, Chapter 3 (§20920 et seq.)] 

(e) Ongoing Monitoring — In conjunction with the assessment con- 
ducted pursuant to 1(b), and while awaifing final approval of the 
amended report of waste discharge, submitted pursuant to 1(d), the dis- 
charger shall monitor ground water, surface water, and the unsaturated 
zone to evaluate changes in water quality resulting from the release from 
the Unit. In conducting this monitoring, the discharger shall comply with 
the following requirements: 

( 1 ) EMP Monitoring Points — the discharger shall install water quality 
monitoring systems that are appropriate for evaluation monitoring and 
that comply with the provisions of §20415. These water quality monitor- 
ing systems can include all or part of exisfing monitoring systems; 

(2) EMP Monitoring Parameters — the discharger shall propose for ap- 
proval by the RWQCB a list of Monitoring Parameters for each medium 
(ground water, surface water, and the unsaturated zone) to be monitored 
pursuant to §20415. The list for each medium shall include all hazardous 
constituents that have been detected in that medium and those physical 
parameters, waste constituents, and reacfion products that provide a reli- 
able indication of changes in water quality resulting from any release 
from the Unit to that medium. For MSW landfills, the list of Monitoring 
Parameters must also meet the federal requirements incorporated by ref- 
erence into SWRCB Resolution No. 93-62 [see §258.54(a) and 
§258.55(a) of 40CFR258]. The RWQCB shall specify each list of Moni- 
toring Parameters in the WDRs after considering the following factors: 

(A) the types, quantifies, and concentrafions of COCs in wastes man- 
aged at the Unit; 

(B) information that demonstrates, to the safisfaction of the RWQCB, 
a sufficient correlafion between the proposed Monitoring Parameters and 
the COCs specified for the Unit; 

(C) the mobility, stability, and persistence of COCs [i.e., waste consfit- 
uents and their (known or anficipated) reacfion products]; 

(D) the detectability of COCs and of monitored physical parameters; 
and 

(E) the background values and the coefficients of variation of pro- 
posed Monitoring Parameters in ground water, surface water, and the un- 
saturated zone; 

(3) Monitoring Parameter Analyses — the discharger shall monitor for 
the Monitoring Parameters listed in the WDRs pursuant to 1(e)(2). The 
discharger shall use data analysis methods and frequencies for collecfing 
samples and for conducfing data analyses that comply with §2041 5(e)(7) 
for evaluating changes in water quality due to the release from the Unit; 

(4) Five-Yearly COC Monitoring — in addition to monitoring for the 
Monitoring Parameters specified pursuant to 1(e)(3), at least every five 
years, the discharger shall periodically monitor for all constituents of 
concern specified in the WDRs to evaluate changes in water quality due 



Page 632 



Register 97, No. 25; 6-20-97 



Title 27 



Solid Waste 



§ 20430 



10 the release from the Unit. The discharger shall use data analysis meth- 
ods for conducting data anlsyses that comply with §2041 5(e)(7) for eva- 
luating changes in water quality due to the release from the Unit; 

(5 ) Data Records & Format — the discharger shall conduct water quali- 
ty monitoring for each Monitoring Parameter and each COC in accor- 
dance with §2()415(e)( 12). The discharger shall maintain a record of wa- 
ter quality analytical data as measured and in a form necessary for the 
evaluation of changes in water quality due to a release from the Unit: 

(6) [Reserved.]; and 

(7) Note and Report Changes — while awaiting final approval of an 
amended report of waste discharge [submitted under *][(e)] to estabhsh a 
corrective action program, the discharger shall evaluate all water quality 
data obtained pursuant to •l(e) with respect to the design criteria for the 
corrective action program. If the evaluation indicates that the plan for 
corrective action is insufficient, the discharger shall: 

(A) notify the RWQCB by certified mail within 7 days of such deter- 
mination; and 

(B) within 90 days of such determination, submit for approval by the 
RWQCB any appropriate changes to the amended report of waste dis- 
charge. 

(f) Optional Demonstration — The discharger may demonstrate that a 
source other than the Unit caused the evidence of a release or that the evi- 
dence is an artifact caused by an error in sampling, analysis, or statistical 
evaluation, or by natural variation in ground water, surface water, or the 
unsaturated zone. Upon a successful demonstration the RWQCB shall 
specify that the di.scharger shall reinstitute a detection monitoring pro- 
gram meeting the requirements of §20420. In making a demonstration 
under this subsection, the discharger shall: 

(1) Notification — notify the RWQCB by certified mail that the dis- 
charger intends to make a demonstration pursuant to this subsection; 

(2) Submit Demonstration Report — submit a report to the RWQCB 
that demonstrates that a source other than the Unit caused the evidence 
of a release or that the evidence resulted from error in sampling, analysis, 
or evaluation, or from natural variation in ground water, surface water, 
or the unsaturated zone; 

(3) Submit Amended ROWD— submit to the RWQCB an amended re- 
port of waste discharge to reinstitute a detection monitoring program for 
the Unit. This report shall propose all appropriate changes to the monitor- 
ing program; and 

(4) Continue EMP Monitoring — continue to monitor in accordance 
with the evaluation monitoring program established pursuant to this sec- 
tion. 

(g) Interim CAMs — The RWQCB shall require interim corrective ac- 
tion measures where necessary to protect human health or the environ- 
ment. 

(h) Discharger-Initiated EMP Changes — If the discharger determines 
that the evaluation monitoring program does not satisfy the requirements 
of this section, the discharger shall, within 90 days, submit an amended 
report of waste discharge to make any appropriate changes to the pro- 
gram. 

(i) RWQCB-Initiated EMP Changes— Any time the RWQCB deter- 
mines that the evaluation monitoring program does not satisfy the re- 
quirements of this section, the RWQCB shall send written notification of 
such determination to the discharger by certified mail, return receipt re- 
quested. The discharger shall, within 90 days of such nodfication by the 
RWQCB, submit an amended report of waste discharge to make appro- 
priate changes to the program. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263, 1 3267 and 1 3304 Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



§ 20430. SWRCB— Corrective Action Program. (C15: 
§2550.10) 

(a) General — A discharger required pursuant to §2038.5 to establish a 
corrective action program for a Unit shall, at a minimum, comply with 
the requirements of this section for that Unit. 

(b) Standards — The discharger shall take corrective action to achieve 
the following goals: to remediate releases from the Unit; to ensure that 
the discharger achieves compliance with the Water Standard adopted un- 
der §20390"for that Unit. The RWQCB shall specify the Water Standard 
for corrective acfion [including any concentration limits greater than 
background, under §2040()(c-g)] in the WDRs. 

(c) Scope of Actions — The discharger shall implement corrective ac- 
tion measures that ensure that COCs achieve their respective concentra- 
tion limits at all Monitoring Points and throughout the zone affected by 
the release, including any portions thereof that extend beyond the facility 
boundary, by removing the waste constituents or treating them in place. 
The discharger shall take other action approved by the RWQCB to pre- 
vent noncompliance with those limits due to a continued or subsequent 
release from the Unit, including but not limited to. source control. The 
WDRs shall specify the specific measures that will be taken. 

(d) Monitoring — In conjunction with the corrective action measures, 
the discharger shall establish and implement a water quality monitoring 
program to demonstrate the effectiveness of the corrective action pro- 
gram. Such a monitoring program can be based on the requirements for 
an evaluation monitoring program (under §20425). and shall be effective 
in determining compliance with the Water Standard (under §20390) and 
in determining the success of the corrective action measures pursuant to 
1(c). 

(e) Compliance Schedule — Corrective action measures taken pur- 
suant to this section shall be initiated and completed by the discharger 
within a period of time specified by the RWQCB in the WDRs. 

(f) Terminating Measures — Correcfive action measures taken pur- 
suant to%c){e.g., pumping and treatment of ground water) may be termi- 
nated when the discharger demonstrates to the satisfaction of the 
RWQCB that the concentrations of all COCs are reduced to levels below 
their respective concentration limits throughout the entire zone affected 
by the release. 

(g) Demonstraung Completion of CAP — After suspending the correc- 
tive action measures, pursuant to ^(0- the Unit shall implement the re- 
maining portions of the Corrective Action Program until an approved 
Detection Monitoring Program meeting the requirements of §20420 has 
been incorporated into WDRs and until the discharger demonstrates to 
the satisfacfion of the RWQCB that the Unit is in compliance with the 
Water Standard (under §20390). If the Unit is an MSW landfill, then this 
demonstration shall meet the federal requirements incorporated by refer- 
ence in SWRCB Resolution No. 93-62 [see §258.58(c) of 40CFR258J. 
in lieu of meeting the requirements of 1(g)( I & 2). For all other Units, this 
demonstration shall be based on the following criteria and requirements: 

(1) the concentration of each COC in each sample from each Monitor- 
ing Point in the Corrective Acfion Program for the Unit must have re- 
mained at or below its respecfive concentration limit during a proof peri- 
od of at least one year, beginning immediately after the suspension of 
corrective action measures; and 

(2) the individual sampling events for each Monitoring Point must 
have been evenly distributed throughout the proof period and have con- 
sisted of no less than eight sampling events per year per Monitoring 
Point. 

(h) Semi-Annual Progress Reports — The discharger shall report, in 
wrifing, to the RWQCB on the effectiveness of the corrective action pro- 
gram. The discharger shall submit these reports at least semi-annually. 



Page 633 



Register 97, No. 25; 6-20-97 



§ 20435 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



More frequent reporting shall be required by the RWQCB as necessary 
to ensure the protection of human health or the environment. 

(i) Discharger-Initialed CAP Changes — If the discharger determines 
that the corrective action program does not satisfy the provisions of this 
section, the discharger shall, within 90 days of making the determination, 
submit an amended report of waste discharge to make appropriate 
changes to the program. 

(j) RWQCB-lnitiated CAP Changes— Any time the RWQCB deter- 
mines that the corrective action program does not satisfy the require- 
ments of this section, the discharger shall, within 90 days of receiving 
written notification of such determination by the RWQCB, submit an 
amended report of waste discharge to make appropriate changes to the 
program. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172. 
13263, 13267 and 13304, Water Code; and Section 43103, Public Resources 
Code. 

History 
I . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 2.S). 

§ 20435. SWRCB— Unsaturated Zone Monitoring and 

Response Provisions for Land Treatment Units 
(LTUs). (CI 5: §2550.11) 

(a) General — A discharger required pursuant to the provisions of this 
article to conduct unsaturated zone monitoring at a land treatment unit 
(LTU) shall comply with the unsaturated zone monitoring and response 
provisions of this section in conjunction with all other unsaturated zone 
monitoring and response provisions of this article. 

(b) Monitor Below Zone — The discharger shall monitor the soil and 
soil-pore liquid to determine whether COCs migrate out of the treatment 
zone. 

(c) Mon. Pars. & COCs— The RWQCB shall specify the Monitoring 
Parameters and Constituents of Concern to be monitored in the WDRs. 
The Monitoring Parameters to be monitored are those specified pursuant 
to §20420(e)for detection monitoring and §20425(e)(2) for evaluation 
monitoring. The COCs to be monitored are those specified in the Water 
Standard specified under §20390 for each monitoring and response pro- 
gram. The COCs to be monitored shall include the constituents, includ- 
ing hazardous constituents, that must be degraded, transformed, or im- 
mobilized in the treatment zone of the LTU. 

(d) [Reserved.] 

(e) Monitoring Below Treatment Zone — Tlie discharger shall install 
an unsaturated zone monitoring system that includes soil monitoring us- 
ing soil cores and soil-pore liquid monitoring using appropriate devices 
such as lysimeters capable of acquiring soil-pore liquid samples. The un- 
saturated zone monitoring system shall consist of a sufficient number of 
sampling points at appropriate locations and depths to yield samples that: 

(1) represent the quality of background soil-pore liquid quality and the 
chemical makeup of soil that has not been affected by a release from the 
treatment zone; and 

(2) indicate the quality of soil-pore liquid and the chemical makeup 
of the soil below the treatment zone. 

(0 Background — The discharger shall establish a background value 
for each monitoring parameter and each COC to be monitored underf (c). 
The discharger shall propose, for approval by the RWQCB, the back- 
ground values for each Monitoring Parameter and each COC or the pro- 
cedures to be used to calculate the background values according to the 
provisions of §20415(e)(10). The RWQCB shall specify the background 
values or procedures in WDRs according to §20415(e)(10). 

(g) Background Plot — Background soil values may be based on a one- 
time sampling at a background plot having characteristics similar to 
those of the treatment zone. For new land treatment units, background 
soil values shall include data from sampling at the proposed plot for the 
unit. 

(h) Initial Background Data — Background soil-pore liquid values 
shall be based on at least quarterly sampling for one year at a background 
plot having characteristics similar to those of the treatment zone. For new 



land treatment units, background soil-pore liquid values shall include 
data from sampling at the proposed plot for the Unit. 

(i) Data Format — The discharger shall express all background values 
in a form necessary for the determination of "measurably significant" 
(see §20164) increases pursuant to f{n). 

(j) Performance Standard — In taking samples used in the determina- 
tion of all background values, the discharger shall use an unsaturated 
zone monitoring system that complies with 1(e)(1). 

(k) Timing & Frequency — The discharger shall conduct soil monitor- 
ing and soil-pore liquid monitoring immediately below the treatment 
zone. The RWQCB shall specify the frequency and timing of soil and 
soil-pore liquid monitoring in the WDRs after considering all other mon- 
itoring provisions of this article, the frequency, timing, and rate of waste 
application, the soil hydraulic conductivity, and the maximum antici- 
pated rate of migration. The discharger shall express the results of soil 
and soil-pore liquid monitoring in a form necessary for the determination 
of "measurably significant" (see §20164) increases pursuant to*|(n). 

(/) Propose Procedures — ^The discharger shall propose, for approval 
by the RWQCB, consistent sampling and analysis procedures that are de- 
signed to ensure sampling results that provide a reliable indication of 
soil-pore liquid quality and the chemical makeup of the soil below the 
treatment zone. At a minimum, the discharger shall implement the ap- 
proved procedures and techniques for: 

( 1 ) sample collection; 

(2) sample preservation and shipment; 

(3) analytical procedures; and 

(4) chain of custody control. 

(m) Testing — The discharger shall determine whether there is a "mea- 
surably significant" (see §20164) increase below the treatment zone us- 
ing a statistical method that provides reasonable confidence that migra- 
tion from the treatment zone will be identified. The discharger shall 
propose each statistical method in accordance with the provisions of this 
subsection and pursuant to the provisions of §2041 5(e)(7). The RWQCB 
shall specify each statistical method pursuant to §2041 5(e)(7) that the 
RWQCB finds: 

( 1 ) i s appropriate for the distribution of the data used to establish back- 
ground values; and 

(2) provides a reasonable balance between the probability of falsely 
identifying migration from the treatment zone and the probability of fail- 
ing to identify real migration from the treatment zone. 

(n) Coordinate w/DMP Sampling — The discharger shall determine 
whether there is a "measurably significant" (see §20164) change over 
background values for each Monitoring Parameter [or, on a five-yearly 
basis under §20420(g), for each COC] to be monitored below the treat- 
ment zone each time the discharger conducts soil monitoring and soil- 
pore liquid monitoring under 1(k). 

(0) Data Analysis — In determining whether a "measurably signifi- 
cant" (see §201 64) increase has occurred, the discharger shall compare 
the value of each parameter or constituent, using data obtained pursuant 
to 1(n ), to the background value for that parameter or consUtuent by using 
an appropriate statisfical procedure specified in the WDRs pursuant to 
this section. 

(p) Timing of Data Analysis — The discharger shall determine whether 
there has been a "measurably significant" (see §20164) increase below 
the treatment zone within a reasonable time period after completion of 
sampling. The RWQCB shall specify this time period in the WDRs after 
considering the complexity of the statistical test and the availability of 
laboratory facilities to perform the analysis of soil and soil-pore liquid 
samples. 

(q) Discovery of a Release — If the discharger determines pursuant to 
1(n), that there has been a "measurably significant" (see §20164) in- 
crease in the value of a hazardous constituent below the treatment zone 
the discharger shall: 

(1) report to the RWQCB describing the full extent of the dischargers 
findings, including the idenufication of all constituents that have shown 



Page 634 



Register 97, No. 25; 6-20-97 



Title 27 



Solid Waste 



§ 20515 



a "nieasiirably significant" (see §20164) increase, within 72 hours of 
making such a determination; and 

(2) submit written notification of this finding to the RWQCB within 
seven days of making such a determination. 

(r) Release Response Options — Upon receiving notice pursuant to 
|(q) or upon the independent confirmation by the RWQCB, the RWQCB 
shall order the discharger to cease operating the LTU. The discharger 
shall not resume operating the LTU and shall clo.se the LTU unless one 
of the following actions is taken: 

( 1 ) Cleanup, and Change Practices — the discharger completes appro- 
priate removal or remedial actions to the satisfaction of the RWQCB and 
the discharger submits to the RWQCB and the RWQCB approves, an 
amended report of waste discharge to modify the operating practices at 
the unit to maximize the success of degradation, immobilization, or 
transformation processes in the treatment zone; or 

(2) Cleanup. Line Unit, and Change Practices — the discharger com- 
pletes appropriate removal or remedial actions, submits to the RWQCB 
and the RWQCB approves, an amended report of waste discharge to 
modify the operating practices at the unit to maximize the success of deg- 
radation, immobilization, or transformation processes in the treatment 
zone, and equips the land treatment unit with liners, and a leachate collec- 
tion and removal system that satisfy the provisions of §20330 and 
§20340. 

(s) Schedule of Compliance — All actions taken by a discharger pur- 
suant to1(r)(l or 2) shall be completed within a time period specified by 
the RWQCB. which shall not exceed 18 months after the RWQCB re- 
ceives notice pursuant to f{q){ 1 ). If the actions are not completed within 
this time period, the LTU shall be closed, unless granted an extension by 
the RWQCB due to exceptional circumstances beyond the control of the 
discharger. 

(t) Optional Demonstration — If the discharger determines pursuant to 
%{n) that there is a "measurably significant" (see §20164) increase of haz- 
ardous constituents below the treatment zone, the discharger may dem- 
onstrate that the increase resulted from an error in sampling, analysis, or 
evaluation. While the discharger may make a demonstration pursuant to 
this subsection in addition to or in lieu of the requirements of 'J[(r)( 1 or 2), 
the discharger is not relieved of the requirements of (r and s) unless the 
demonstration made pursuant to this subsection successfully shows that 
the increase resulted from an error in sampling, analysis, or evaluation, 
in making a demonstration pursuant to this subsection, the discharger 
shall: 

( 1 ) Notification — notify the RWQCB of this finding in writing within 
seven days of determining a "measurably significant" (see §20164) in- 
crease beneath the treatment zone that the discharger intends to make a 
demonstration pursuant to this subsection; 

(2) Demonstration Submittal Deadline — within 90 days of such deter- 
mination, submit a report to the RWQCB demonstrating that the increase 
resulted from error in sampling, analysis, or evaluation; 

(3) Amended ROWD Submittal Deadline — within 90 days of such de- 
termination, submit to the RWQCB an amended report of waste dis- 
charge to make any appropriate changes to the unsaturated zone monitor- 
ing program for the LTU; and 

(4) Continue Monitoring — continue to monitor in accordance with the 
unsaturated zone monitoring program established pursuant to this sec- 
tion. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13263. 13267 and 13304, Water Code; and Section 43103, Public Resources 
Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Article 2. [§20480-§20499 Reserved by 
SWRCB] 

Subchapter 4. Criteria for Landfills and 
Disposal Sites 

The criteria promulgated by the CIWMB within Articles 1 . 3. and 4 o\' 
this Subchapter, apply to solid waste landfills, but may be applied to dis- 
posal sites as required by the EA. 

Article 1. CIWMB— Operating Criteria 

§ 20510. CIWMB— Disposal Site Records. (T14: section 
1 7258.29,1 7636,1 7637,1 7638,1 7639) 

(a) Each site operator shall maintain records of weights or volumes ac- 
cepted in a form and manner approved by the EA. Such records shall be 
submitted to the EA upon request, accurate to within 10 percent and ade- 
quate for overall planning purposes and forecasting the rate of site filling. 

(b) Each site operator shall maintain records of excavations which may 
affect the safe and proper operation of the site or cause damage to adjoin- 
ing properties. 

(c) Each site operator shall maintain a daily log book or file of the fol- 
lowing information: fires, landslides, earthquake damage, unusual and 
sudden settlement, injury and property damage accidents, explosions, re- 
ceipt or rejecfion of unpermitted wastes, flooding, and other unusual oc- 
currences. 

(d) Each site operator shall maintain a record of personnel training as 
required in §20610. 

(e) Each site operator shall maintain a copy of written notification to 
the EA, local health agency, and fire authority of names, addresses and 
telephone numbers of the operator or responsible party of the site as re- 
quired in §20615. 

(f) Disposal site records, including MSWLF unit records, shall be 
available for inspection by authorized representadves of the EA, the local 
health agency and the CIWMB during normal business hours and re- 
tained near the site in an operating record or in an alternative location ap- 
proved by the EA. 

(g) Each site shall maintain records for the Disposal Reporting System 
as required by Tifle 14 California Code of Regulafions section 18800 et 
seq. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reterence: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New subchapter 4. article 1 (sections 20510-20660) and section filed 6-18-97: 
operative 7-18-97 (Register 97. No. 25). 

2. New subsection (g) filed 9-21-2005; operative 1-1-2006 (Register 2005. No. 
38). 

§ 2051 5. CIWMB— MSWLF Unit Records. (T1 4:§1 7258.29, 
§18257) 

(a) The owner or operator of a MSWLF unit must record the following 
information as it becomes available: 

(1) Any locadon restricdon demonstration required under §20270; 

(2) Inspecdon records, training procedures, and notification proce- 
dures required in §20870; 

(3) Gas monitoring results from monitoring and any remediation plans 
required by §20919 of this Subchapter; 

(4) Closure and postclosure maintenance plans as required by §2 1 780. 
nodce of intent to close the unit as described in §21 1 35. notice of certifi- 
cadon of closure as required by §21880, deed notation as required by 
§21170. demonstration of release from postclosure maintenance re- 
quired by §21 180, and any gas monitoring, testing, or analydcal data as 
required by 40 CFR §258.61; and 



Page 635 



Register 2005, No. 38; 9-23-2005 



§ 20517 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(5) Any cost estimates and financial assurance documentation re- 
quired by §§22221. 22226. 21820. and 21840. 

(6) Any information demonstrating compliance with the small com- 
munity exemption as required by 40 CFR section 258.1(f)(2). 

(b) The owner/operator must notify the EA when the documents from 
*|[(a) of this section have been placed in or added to the operating record, 
unless an alternative frequency is approved as specified in f(c) and all in- 
formation contained in the operating record must be furnished upon re- 
quest to the EA. 

(c) The EA may set alternative schedules for recordkeeping and notifi- 
cation requirements as specified in 1[(a) and 11(b) of this section, except 
for the notification requirements in §20270. 

NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec- 
tions 40508 and 43 1 03, Public Resources Code; and Title 40, Code of Federal Reg- 
ulations, Section 258.29. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20517. CIWMB — Documentation of Enforcement Agency 
(EA) Approvals, Determinations and 
Requirements, (new) 

Approvals, determinations and other requirements the EA is autho- 
rized to make under this Subchapter shall be documented in writing to the 
operator and placed in the operating record by the operator. 
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 40508 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20520. CIWMB— Signs. (T1 4:§1 7656,1 7657) 

(a) Each point of access from a public road shall be posted with an easi- 
ly visible sign indicating the facility name, and other pertinent informa- 
tion as required by the EA. 

(b) If the site is open to the public, there shall be an easily visible sign 
at the primary entrance of the site indicating the name of the site operator, 
the operator's telephone number, and, hours of operation; an easily vis- 
ible sign at an appropriate point shall indicate the schedule of charges and 
the general types of materials which either ( 1 ) WILL be accepted or (2) 
WILL NOT be accepted. 

(c) If the site is open to the public, there shall be easily visible road 
signs and/or traffic control measures which direct traffic to the active face 
and other areas where wastes or recyclable materials will be deposited. 

(d) Additional signs and/or measures may be required at a disposal site 
by the EA to protect personnel and public health and safety. 

NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20530. CIWMB— Site Security. (T14:§17658) 

The site shall be designed to discourage unauthorized access by per- 
sons and vehicles by using a perimeter barrier or topographic constraints. 
Areas within the site where open storage or ponding of hazardous materi- 
als occurs shall be separately fenced or otherwise secured as determined 
by the EA. The EA may also require that other areas of the site be fenced 
to create an appropriate level of security. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operarive 7-18-97 (Register 97, No. 25). 

§ 20540. CIWMB— Roads. (T1 4:§1 7659,1 7660) 

Roads within the permitted facility boundary shall be designed to 
minimize the generation of dust and the tracking of material onto adja- 
cent public roads. Such roads shall be kept in safe condition and main- 
tained such that vehicle access and unloading can be conducted during 
inclement weather. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 



History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20550. CIWMB— Sanitary Facilities. (T1 4:§1 7666) 

Sanitary facilities, consisting of an adequate number of toilets and 
handwashing facilities, shall be available to personnel at or in the imme- 
diate vicinity of the site as approved by the EA. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20560. CIWMB— Drinking Water Supply. (T1 4:§1 7667) 

Safe and adequate drinking water for the site personnel shall be avail- 
able. 

NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 4.3021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20570. CIWMB — Communications Facilities. 
(T14:§17668) 

Each site shall have communication facilities available to site person- 
nel to allow quick response to emergencies. 

NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec- 
tions 43020 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20580. CIWMB— Lighting. (T1 4:§1 7669) 

Where operations are conducted during hours of darkness, the site and/ 
or equipment shall be equipped with adequate lighting as approved by the 
enforcement agency to ensure safety and to monitor the effectiveness of 
operations. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
nons 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 20590. CIWMB— Personnel Health and Safety. 
(T14:§17670) 

Operating and maintenance personnel shall wear and use appropriate 
safety equipment as required by the EA. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 2061 0. CIWMB— Training. (T1 4:§1 7672) 

Personnel assigned to operate the site shall be adequately trained in 
subjects pertinent to the site operation and maintenance, including re- 
quirements of this chapter, hazardous materials recognition and screen- 
ing, and heavy equipment operations, with emphasis on safety, health, 
environmental controls and emergency procedures. A record of such 
training shall be placed in the operating record. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
fions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 2061 5. CIWMB— Supervision. (T1 4:§1 7671 , 1 7673) 

The site operator shall provide adequate supervision of a sufficient 
number of qualified personnel to ensure proper operation of the site in 
compliance with all applicable laws, regulations, permit conditions and 
other requirements. The operator shall notify the enforcement agency 
and local health agency in writing of the names, addresses, and telephone 
number of the operator or responsible party. A copy of the written notifi- 
cation shall be placed in the operating record. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 



Page 636 



Register 2005, No. 38; 9-23-2005 



Title 27 



Solid Waste 



§ 2()685 



• 



§ 20620. CIWMB— Site Attendant. (T1 4:§1 7674) 

Any disposal site open to the public shall have an attendant present 
during public operating hours or the site shall be inspected by the opera- 
tor on a regularly scheduled basis, as determined by the enforcement 
agency. 

Note-: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
lions 43020. 4.3021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97. No. 25). 

§ 20630. CIWMB— Confined Unloading. (T14:§17676) 

Unloading of solid wastes shall be confined to as small an area as pos- 
sible to accommodate the number of vehicles using the area without re- 
sulting in traffic, personnel, or public safety hazards. Waste materials 
shall normally be deposited atthe toeof the fill, or as otherwise approved 
by the enforcement agency. 

NOTE: Authority cited: Section 40302, Public Resources Code. Reference: Sec- 
tions 43020. 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97: operative 7-18-97 (Register 97, No. 25). 

§ 20640. CIWMB— Spreading and Compacting. 
(T14:§17677) 

Solid waste shall be spread and compacted in layers with repeated pas- 
sages of the landfill equipment to minimize voids within the cell and 
maximize compaction. The loose layer shall not exceed a depth of ap- 
proximately two feet before compaction. Spreading and compacting 
shall be accomplished as rapidly as practicable, unless otherwise ap- 
proved by the enforcement agency. 

NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20650. CI WMB— Grading of Fill Surfaces. (T1 4:§1 771 0) 

Covered surfaces of the disposal area shall be graded to promote later- 
al runoff of precipitation and to prevent ponding. Grades shall be estab- 
lished of sufficient slopes to account for future settlement of the fill sur- 
face. Other effective maintenance methods may be allowed by the 
enforcement agency. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43 J 03, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20660. CIWMB— Stockpiling. (T14:§17680) 

Cover material or native material unsuitable for cover, stockpiled on 
the site for use or removal, shall be placed so as not to cause problems 
or interfere with unloading, spreading, compacting, access, safety, drain- 
age, or other operations. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Article 2. 



Alternative Daily Cover Material 
and Beneficial Reuse 



§ 20670. CIWMB— Availability of Cover Material. 
(T14:§17681) 

A sufficient quantity of cover material of a suitable quality to meet the 
requirements of this Subchapter shall be available. If on-site sources of 
cover material are insufficient, substantiation must be shown to the EA 
that an adequate supply of cover material will be provided. 
NoTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New article 2 (sections 20670-20705) and section filed 6-18-97; operative 
7-18-97 (Register 97, No. 25). 



2. Amendment of article headinc filed 5-24-2004; operative 7-23-2004 (Register 
2004, No. 22). 

§ 20680. CIWMB— Daily Cover. [T1 4:§1 7682, 1 7258.21 ] 

(a) Except as provided in "Kb), ( f) and §20690. the owners or operators 
of all municipal solid waste landfill units shall coverdisposed solid waste 
with a minimum of six inches of compacted earthen material at the end 
of each operating day. or at more frequent intervals if necessary, to con- 
trol vectors, fires, odors, blowing litter, and scavenging. For the purposes 
of this section, the operating day shall be defined as the hours of operation 
specified in the solid waste facility permit, and may extend for more than 
24 hours if operations are continuous. 

(b) The EA. with concurrence by the CIWMB, may grant a temporary 
waiver from the requirements of |(a) if the owner or operator demon- 
strates that there are extreme seasonal climatic conditions that make 
meeting such requirements impractical. 

(c) Earthen material or alternative cover materials of alternali ve thick- 
ness shall be placed over all .surfaces of disposed solid waste for other 
than municipal solid waste landfill units, as required by the EA to control 
vectors, fires, odors, blowing litter, and scavenging without presenting 
a threat to human health and the environment. 

(d) For the purposes of this section, earthen material shall include con- 
taminated soil as defined in Title 14. California Code of Regulations. 
§1736 1(b). and soil with contaminants other than petroleum hydrocar- 
bons which has been approved for use as landfill daily cover by the 
RWQCB. and any other governmental agencies from which approval is 
required, such as the Department of Toxic Substances Control and Air 
Pollution Control District or Air Quality Management District. 

(e) For waste classification, composition, and liquid percolation re- 
quirements of daily cover, refer to the SWRCB requirements set forth in 
§20705 of this article. 

(f) For those MSWLFs that accept for disposal 20 tons or less of mu- 
nicipal solid waste per day based on an annual average, the EA. with con- 
currence by the Board, may establish alternative frequencies for daily 
cover after consideration of the unique characteristics of small communi- 
ties, climatic and hydrogeologic conditions, and protection of human 
health and the environment. Any proposal to allow an alternative fre- 
quency shall be available for public review for a minimum of 30 days to 
allow affected parties the opportunity to comment. Documentation of the 
considerations, public comment and Board concurrence for any alterna- 
tive frequency shall be placed in the operating record. The Executive Di- 
rector or the EA may condition, limit, suspend, or terminate an operator' s 
use of an alternative monitoring frequency if it is determined that the al- 
ternative frequency would cause harm to public health and safety, or the 
environment. 

Note: Authority cited: Sections 40502, 42245, 43020, 43021 and 43030, Public 
Resources Code. Reference: Sections 40508, 43020, 4302 1 and 43 103, Public Re- 
sources Code; and Title 40, Code of Federal Regulations. Section 258.21 . 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment filed 1 1-5-97; operative 1 1-5-97 pursuant to Government Code 
section 1 1343.4(d) (Register 97, No. 45). 

3. Amendment of subsections (a) and (c), new subsection (f) and amendment of 
Note filed 10-28-98 as an emergency; operative 10-28-98 (Register 98, No. 
44). A Certificate of Compliance must be transmitted to OAL by 2-25-99 or 
emergency language will be repealed by operation of law on the following day. 

4. Amendment of subsections (a) and (c), new subsection (0 and amendment of 
Note refiled 2-25-99 as an emergency; operative 2-25-99 (Register 99, No. 
9). A Certificate of Compliance must be transmitted to OAL by 6-25-99 or 
emergency language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 2-25-99 order transmitted to OAL 6-24-99 and 
filed 7-12-99 (Register 99, No, 29). 

§ 20685. CIWMB— Performance Standards. [T1 4:§1 7683] 

Note: Authority Cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Renumbering of former section 20685 to new section 20695 filed 1 1 -5-97; op- 
erative 11 -5-97 pursuant to Government Code section 1 1343.4(d) (Register 97, 

No. 45). 



Page 637 



Register 2004, No. 22; 5-28-2004 



§ 20686 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



§ 20686. Beneficial Reuse. 

Beneficial reuse of solid wastes at a solid waste landfill shall include, 
but not be limited to, the following: alternative daily cover, alternative 
intermediate cover, final cover foundation layer, liner operations layer, 
leachate and landfill gas collection system, construction fill, road base, 
wet weather operations pads and access roads, and soil amendments for 
erosion control and landscaping. Alternative daily cover reuse shall com- 
ply with the requirements of §20690. Alternative intermediate cover re- 
use shall comply with the requirements of §20700. Other beneficial reuse 
shall comply with the following requirements: 

(a) Beneficial reuse shall be restricted to those solid wastes appropriate 
for the specific use and in accordance with engineering, industry guide- 
lines, or other standard practices specified in the Report of Disposal Site 
Information as required by §2 1600(b)(6). 

(b) Beneficial reuse shall be restricted to quantities of solid wastes no 
more than necessary to meet the minimum requirements of (a). Should 
the CIWMB determine that an owner or operator violated this standard, 
the owner or operator shall revise the applicable reports to reflect the 
overuse as disposal, and pay the required Board of Equalization (BOE) 
disposal lipping fees for the amount of oveaise. 

(c) Storage and handling of solid wastes and derived materials for 
beneficial rense shall be conducted in a manner to protect public health 
and safety and the environment, and control vectors, fires, odors, and nui- 
sances. 

(d) The owner or operator shall maintain a record of beneficial reuse 
in accordance with Title 14, California Code of Regulations. §18800 et 
seq. The records shall be available for inspecfion by authorized represen- 
tatives of the EA, the local health agency, and the CIWMB during normal 
business hours and retained in the operating record near the site or in an 
alternative locauon approved by the EA. 

NOTE: Authority Cited: Sections 40502, 41781.3, 43020, 43021, 43030 and 
43103, Public Resources Code. Reference: Sections 40508. 42245. 43020 and 
43021, Public Resources Code; and Title 40 Code of Federal Regulations Section 
258.21. 

History 
]. New section filed 5-24-2004; operative 7-23-2004 (Register 2004, No. 22). 

§ 20690. CIWMB— Alternative Daily Cover. [T1 4: §1 7682, 
§1 7258.21(b)] 

(a) General Requirements 

( 1 ) AltemaUve materials of alternative thickness for daily cover (other 
than at least six inches of earthen material) for municipal solid waste 
landfill units may be approved by the EA with concurrence by the 
CIWMB, if the owner or operator demonstrates that the alternative mate- 
rial and thickness control vectors, fires, odors, blowing litter, and scav- 
enging without presenting a threat to human health and the environment. 

(2) Alternative daily cover alone, or in combination with compacted 
earthen material, shall be placed over the entire working face at the end 
of each operating day or at more frequent intervals to control vectors, 
fires, odors, blowing litter, and scavenging without presenting a threat to 
human health and the environment. For the purposes of this section, the 
operating day shall be defined as the hours of operation specified in the 
solid waste facility permit, and may extend for more than 24 hours if op- 
erations are confinuous. Waste-derived altemafive daily cover shall be 
processed prior to spreading and compacting on the working face and ap- 
plied and compacted to ensure that all exposed waste is completely cov- 
ered by ADC and that there are no open voids within the cover material 
or in contact within the underlying wastes. Waste materials used as ADC 
that already meet the grain-size specifications of these regulations, or an 
alternative grain size approved by the EA and CIWMB pursuant to this 
section, need not be processed if the EA determines that the material as 
received at the landfill is adequate to perform the functions of daily cover 
and meets the appropriate specifications. 

(3) Should the application of altemafive daily cover become impracfi- 
cable or contribute to conditions hazardous to public health and safety 
and the environment, the owner or operator shall terminate such use and 
revert to the use of compacted earthen cover material in accordance with 



§20680. For the purposes of this section, impracticable conditions are 
those which make placement of alternative daily cover difficult due to ad- 
verse climatic or other conditions such that the performance require- 
ments of 1(a)(2) cannot be met. 

(4) The owner or operator shall place compacted earthen material over 
the entire working face at the end of any operating day preceding a period 
of time greater than 24 hours when the facility is closed, unless proce- 
dures as required by the EA are in place to ensure that the requirements 
of 1(a)(2) and (a)(3) are met. A stockpile of earthen cover material and 
required equipment shall be available to ensure a corrective response to 
violation of 1(a)(2) and (a)(3). Whenever an EA determines that an ap- 
plicafion of ADC is not meeting the requirements of this standard, the EA 
may direct the operator to immediately cover the ADC with soil. The con- 
tinuing use of ADC that has been determined by the EA as not meeting 
the requirements of this secfion may become the basis for the EA to take 
enforcement action to seek compliance with the requirements of this sec- 
tion. 

(5) The owner or operator shall maintain a record of waste derived al- 
ternative daily cover in accordance with Title 14. California Code of 
Regulations, § 1 8800 et. seq. The records shall be available for inspection 
by authorized representafives of the EA, the local health agency, and the 
CIWMB during normal business hours and retained in the operaung re- 
cord near the site or in an altemafive location approved by the EA. 

(6) For waste classificafion, composifion, and liquid percolation re- 
quirements of altemafive daily cover, refer to the SWRCB requirements 
set forth in §20705. 

(7) Waste derived materials used as altemafive daily cover shall be re- 
stricted to quantities no more than necessary to meet the performance re- 
quirements of 1(a)(2), or as specified in subdivision (b) of this section. 
Should the CIWMB determine after consulting with the EA that an owner 
or operator violated this standard, the owner or operator shall revise the 
applicable reports to reflect the overuse as disposal, and pay the required 
Board of Equalizafion (BOE) disposal tipping fees for the amount of 
ovemse. EAs shall not be responsible for making such determinafions. 

(8) Compost, co-compost, and chemically fixed sewage sludge and 
water treatment sludge only, that meet the performance standards for 
cover material, shall be limited to up to 25% of landfill cover materials 
or landfill cover extenders as required under F*ublic Resources Code 
(PRC) 42245. For the purposes of this secfion, "chemically fixed sewage 
sludge" means solid and semisolid residue generated during the treat- 
ment of domestic sewage. The 25% limit shall apply on a quarterly basis 
to the total daily and intermediate cover or cover extender use. For the 
purpose of this section, landfill cover extenders shall mean compost, co- 
compost, or chemically fixed sewage sludge blended or mixed with soil. 

(9) Storage and handling of waste derived materials at the landfill for 
use as alternative daily cover shall be conducted in a manner to protect 
public health and safety and the environment, and control vectors, fires, 
odors, blowing litter, scavenging, and nuisances. 

(10) Tlie EA shall apply this secfion to disposal facilities other than 
municipal solid waste landfill units as necessary to control vectors, fires, 
odors, blowing litter, scavenging, and nuisances without presenting a 
threat to human health and the environment. This requirement shall also 
apply to municipal solid waste landfills which qualify for a delay in the 
general compliance date or additional flexibility as specified in 40 CFR 
Part 258. 

(11) The owner or operator shall implement a program described in the 
Report of Disposal Site Informafion as required by §2 1600(b)(6) to mini- 
mize contamination of altemafive daily cover with wastes not included 
within the individual alternative daily cover material types specified in 
subdivision (b) of this secfion and wastes that would conflict with the per- 
formance requirements of 1(a)(2). 

(b) Specific Requirements 

All types of ADC must be approved by the EA in writing prior to use 
at solid waste landfills as consistent with Title 27. California Code of 
Regulafions, §21570 through §21686. Proposed uses of altemafive daily 
cover materials not specified below shall be subject to site specific dem- 



Page 638 



Register 2004, No. 22; 5-28-2004 



Title 27 



Solid Waste 



§ 20690 



onstration projects approved hy the EA with concurrence by the CIWMB 
to establish suitability as daily cover. Unless otherwise specified in this 
section, alternative daily cover use by blending listed materials other than 
using side-by-side on the working face, or layering on top of one another 
listed materials, shall require site-specific demonstration projects ap- 
proved by the EA with concurrence by the CIWMB as required by sub- 
section (a)(1). Site specific demonstration projects are not required for 
the following materials used as specified and in accordance with subdivi- 
sion (a) of this section. 

( 1 ) Geosynthetic Fabric or Panel Products (Blankets) 

(A) Geosynthetic blanket products shall be removed from the waste 
and the waste shall be covered with new waste or approved cover materi- 
als within 24 hours of product placement, unless the product is intended 
to be nonreusable, or has been approved by the EA for continuous use be- 
yond 24 hours. 

(2) Foam Products 

(A) Foam products shall not be applied when there is precipitation or 
when there is a local forecast of greater than 40% chance of precipitation 
within 8 hours of application time in the vicinity of the landfill. 

(B) Foam products shall be covered with waste or other approved cov- 
er materials within 72 hours of application, unless a shorter time period 
is required by the EA to meet the requirements of 1(a)(2) and (a)(3) of this 
section. 

(3) Processed Green Material 

(A) For the purposes of this section, processed green material means 
any plant material that is either separated at the point of generation, or 
separated at a centralized facility that employs methods to minimize con- 
tamination. Green material includes, but is not limited to, yard trim- 
mings, untreated wood wastes, paper products, and natural fiber prod- 
ucts. Green material dose not include treated wood waste, mixed 
demolition or mixed construction debris, manure and plant waste from 
the food processing industry, alone or blended with soil. Processed green 
material may include varying proportions of wood waste from urban and 
other sources and shall be ground, shredded, screened, source separated 
for grain size, or otherwise processed. 

(B) Green material used for alternative daily cover shall be processed 
prior to being applied to the working face unless the green material to be 
used as alternative daily cover already meets the grain size specifications. 
Prior to spreading and compacting on the working face, processed green 
material shall comply with a grain size specification by volume of 95% 
less than 6 inches. Alternative processing and grain size specification re- 
quirements may be approved by the EA if the EA determines that the al- 
ternative meets the performance requirements of 1(a)(2) and (a)(3) of this 
section and the CIWMB concurs. 

(C) Processed green material shall be restricted to a minimum com- 
pacted thickness of 6 inches and average compacted thickness of less 
than or equal to 12 inches. 

(D) Processed green material placed as cover shall not be exposed for 
greater than 21 days. 

(4) Sludge and Sludge-Derived Materials 

(A) Public contact with sludge or sludge-derived materials, either 
alone or blended with soil, ash, processed green material, or stabilization 
agents such as lime, lime kiln dust, or cement kiln dust, shall be prohib- 
ited. This prohibition shall apply to staging, processing, tipping, and cov- 
er placement areas. 

(B) Sludge or sludge-derived materials, either alone or blended with 
soil, processed green material, ash, or stabilization agents such as lime, 
lime kiln dust, or cement kiln dust, shall form a compacted material 
which can be placed without forming open voids or causing material to 
be tracked off the working face area. 

(C) Sludge or sludge-derived materials shall be restricted to a mini- 
mum compacted thickness of 6 inches and average compacted thickness 
of less than or equal to 12 inches. 

(5) Ash and Cement Kiln Dust Materials 



(A) Ash and Cement Kiln Dust, either alone or blended with earthen 
material or stabilization agents, shall form a compacted material which 
can be placed without forming open voids or causing material to be 
tracked off the working face area. For the purposes of this section ash 
means the nonhazardous residue from the combustion of material or the 
hazardous residue which may be managed as a nonhazardous waste in ac- 
cordance with Title 22 California Code of Regulations §§ 66260.2()()(f) 
or 66260.210. 

(B) Ash and Cement Kiln Dust, either alone or blended with earthen 
material or stabilization agents shall be used as alternative daily cover in 
a manner to minimize the creation of dust. 

(C) Ash and Cement Kiln Dust, either alone or blended with earthen 
material or stabilization agents, shall be restricted to a minimum com- 
pacted thickness of 6 inches and average compacted thickness of less 
than 12 inches. 

(6) Treated Auto Shredder Waste 

(A) Auto shredder waste shall be treated pursuant Title 22, California 
Code of Regulations, § 66268.106(a)(1), 

(B) Treated auto shredder waste used for alternative daily cover shall 
be restricted to a minimum compacted thickness of 6 inches and average 
compacted thickness of less than 24 inches. 

(7) Contaminated Sediment, Dredge Spoils, Foundry Sands, Energy 
Resource Exploration and Production Wastes 

(A) Contaminated sediment, dewatered dredge spoils, foundry sands, 
or processed energy resource exploration and production wastes shall be 
restricted to a minimum compacted thickness of 6 inches and average 
compacted thickness of less than 12 inches. Such materials shall form a 
compacted material which can be placed without forming open voids or 
causing material to be tracked off the working face area. 

(8) Compost Materials 

(A) Except as provided in 1(b)(8)(B), of this section, compost shall 
meet the environmental health standards of Title 14, California Code of 
Regulations, Division 7, Chapter 3.1, Article 7. 

(B) Public contact shall be precluded from cover staging, processing, 
tipping, and placement areas for compost which does not meet the envi- 
ronmental health standards of Title 14, California Code of Regulations, 
Division 7, Chapter 3.1, Article 7. 

(C) Compost materials shall be restricted to a minimum compacted 
thickness of 6 inches and average compacted thickness of less than or 
equal to 12 inches. Compost materials shall comply with a grain size 
specificauon by volume of 95% less than 6 inches. 

(9) Processed Construction and Demolition Wastes and Materials 

(A) Processed construcfion and demolition wastes and materials shall 
be ground, pulverized, shredded, screened, source separated, or other- 
wise processed, alone or mixed with soil in a manner to provide a com- 
pacted material free of open voids when applied to meet the performance 
requirements as altemauve daily cover. 

(B) Processed construction and demolifion wastes and materials used 
as alternative daily cover shall be restricted to the following materials: 
rock, concrete, brick, sand, soil, ceramics, cured asphalt, lumber and 
wood, wood products, roofing material, plastic pipe, plant material when 
commingled from construction work, and fines derived from processing 
the above materials. 

(C) Construction and demolition wastes shall be processed prior to be- 
ing applied to the working face. Prior to spreading and compacting on the 
working face, these materials shall comply with a grain size specification 
by volume of 95% less than 12 inches and 50% less than 6 inches as deter- 
mined by the EA. The CIWMB shall provide technical assistance in mak- 
ing this determinauon if requested by the EA. Alternative processing and 
grain size specification requirements may be approved by the EA if the 
EA determines that the alternative meets the performance requirements 
of 1(a)(2) and (a)(3) of this section and the CIWMB concurs. 



Page 639 



Register 2004, No. 22; 5 -28-2004 



§ 20695 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(D) Construction and demolition wastes shall be restricted to a mini- 
mum compacted thickness of 6 inches and average compacted thickness 
of less than 18 inches. 

(10) Shredded Tires 

(A) Shredded tires used as daily cover alone or mixed with soil shall 
be shredded such that 50% by volume is smaller than 6 inches in length 
and no individual pieces are greater than 12 inches in length. 

(B) Shredded tires used as alternative daily cover without admixed soil 
shall not be applied when there is precipitation or when there is a local 
forecast of greater than 40% chance of precipitation within 8 hours of 
application time in the vicinity of the landfill. 

(11) Spray applied Cementitious products 

(A) Such products shall not be applied when there is a local forecast 
of greater than 40% chance of precipitation within 8 hours of application 
time in the vicinity of the landfill. 

NOTE; Authority Cited: Sections 40502, 4]78f3, 43020, 4.3021. 4.3030 and 
43103, Public Resources Code. Reference: Sections 40508, 42245, 43020 and 
43021, Public Resources Code; and Title 40 Code of Federal Regulations Section 
258.21. 

History 

1 . New section filed 1 1-5-97: operative 1 1-5-97 pursuant to Government Code 
section 1 1343.4(d) (Register 97, No. 45). 

2. New subsections (b)(2)-(b)(2)(B), (b)(5)-(b)(7)(A) and (b)(9)-(b)(10)(B) filed 
2-3-98; operative 2-3-98 pursuant to Government Code section 11343.4(d) 
(Register98, No. 6). 

3. Amendment of section and Note filed 5-24-2004; operative 7-23-2004 (Reg- 
ister 2004, No. 22). 

§ 20695. CIWMB— Cover Performance Standards. 
[T14:§17683] 

The EA may require the following cover performance standards if nec- 
essary to control vectors, fires, odors, and blowing litter and to evaluate 
the suitability of alternative daily or intermediate cover: 

(a) Vectors 

(1 ) Threshold Values-The following shall constitute threshold values 
for vector populations: 

(A) Ries-A fly grill survey value of six (6) or more domestic flies, or 
observations of domestic flies in the "crawler" stage (newly emerged 
adults prior to wings becoming functional) at a density of three (3) or 
more per square yard of surface area at any location on the disposal area. 
Domestic flies are considered to be those species in the Families: Musci- 
dae (including Anthomyiidae), Calliphoridae, Sarcophagidae, and Dro- 
sophilidae. 

(B) Domestic Rats-The trapping of one or more domestic rats any- 
where on the disposal site. Domestic rats are considered to be any species 
in the genus Rattus. 

(C) Field Rodents-Observation of five (5) or more field rodents feed- 
ing on the active face of the disposal site. Field rodents are considered to 
be any species in the Family Sciuridae. 

(D) Mosquitoes-The observation of any immature mosquito stages 
from water holding waste materials on the disposal site. 

(E) Wasps, cockroaches, etc. -The observation of excessive popula- 
tions utilizing accepted norms. 

(2) Inspection Practices 

(A) Schedule-Fly grill surveys shall be conducted on each disposal 
site a minimum of once per week. Sampling to determine the species 
composition of the fly population shall be conducted a minimum of once 
per month. Rat trapping surveys shall be conducted at least once each 
month. Observations for mosquitoes, wasps, cockroaches, "crawler" 
flies or other types of vectors shall be made during each inspection of the 
disposal site. The EA may approve alternative inspection schedules or 
cease inspections if previous inspections or other observations indicate 
no further threat to public health and safety. 

(B) Procedure-Ten (10) fly grill counts shall be made over appropriate 
attractants on the active face of the disposal site during each inspection 
utilizing accepted pracfices to count and record the flies. The five (5) 
highest counts shall be averaged to obtain the value for that inspection. 
In sampling to provide qualitative data for the fly species composition on 



a disposal site, any of the following or other acceptable method for sam- 
pling adult flies shall be observed: 

-bait traps, exposed for at least a continuous 24-hour period at sepa- 
rate locations, or 

-sticky tapes, exposed for a confinuous 24-hour period at separate lo- 
cations, or 

-utilization of a standard insect net on the active working face, or 

-other approved method to provide a representative sample. 

For uniformity of information, one of the approved methods shall be 
selected for use on a continuing basis at each disposal site. 

A minimum of two (2) domestic rat trap lines each containing twenty 
(20) traps shall be operated for one night on each disposal site at the pre- 
scribed frequency. Traps appropriately baited, shall be set at 20-foot in- 
tervals in each trap line. One trap line shall be located on or as close to 
the active face as practical. The other trap line shall be located on the pe- 
riphery of the site in suitable rodent habitat. On very large sites addifional 
trap lines will be required to provide an adequate sample. Visual observa- 
tions of field rodents or their signs shall be made and recorded during 
each inspection. 

(C) Equipment-All fly surveys conducted on the active face of the dis- 
posal site shall be made with a Scudder fly grill. This device is a square 
grill consisting of 24 slats, each 3' * 3/4" * 1/4" placed 3/4" apart on 
a z.-shaped framework. Species composition of fly populafions at the 
site shall be made with the use of fly traps, sticky tapes, an insect net, or 
other approved method to provide a representative sample. Snap traps or 
live traps, or a combinafion thereof, of suitable size and design shall be 
used to capture mature domestic rats. 

(D) Records-The following information shall be recorded at a mini- 
mum during each inspection: Name of site; locafion; date of inspection; 
name of person(s) making the inspection; the fime the inspecfion began; 
the time the inspection ended; temperature; wind conditions; moisture 
conditions; sky conditions; shade; attractants, when applicable; results of 
the 10 Scudder grill counts; number and species of all flies captured; 
number of domestic rats trapped since the previous inspection; number 
of field rodents observed (or signs of their presence), and the presence of 
any mosquitoes, wasps, cockroaches, or other types of vectors. 

These records shall be kept up to date and shall be submitted to the EA 
upon request. 

(b) Fire 

Burning material, or any solid waste at a temperature likely to cause 
fire, shall not be deposited in the fill. Said material shall iniUally be de- 
posited in a separate location a sufficient distance from the fill area to pre- 
vent fires from spreading to the normal fill area. It shall then be spread 
in a single layer not exceeding one (1 ) foot in thickness and immediately 
covered with a sufficient amount of earth or sprayed with sufficient fire 
retardant to extinguish all combustion. Final disposition of the material 
shall not take place until the operator is certain that no further combustion 
will take place under any conditions. 

Fires which originate within the fill shall be handled by removing all 
the burning material from the fill and extinguishing it as described above, 
or by in-situ practices approved by the EA, in consultation with the local 
fire authority. Excavation of burning materials shall be undertaken in a 
planned and controlled manner; with sufficient fire fighting equipment 
present to control any "flare-ups" which may occur as outside air reaches 
the burning materials. The EA shall be immediately notified of any fire. 

(c) Litter 

Accumulation or offsite migration of litter in quantifies that create a 
nuisance, injury to the public and personnel, or cause other problems, 
shall be prevented. 

(d) Altemafive Methods 

Alternative cover performance standards in lieu of f(a) through (c) of 

this secfion may be applied by the EA with concurrence by the CIWMB. 

NOTE: Authority Cited: Sections 40502 and 41781.3, Public Resources Code. 
Reference: Sections 40508, 43020, 43021 and 43103, Public Resources Code; and 
Code of Federal Regulations Section 258.21. 



• 



• 



Page 640 



Register 2004, No. 22; 5-28-2004 



Title 27 



Solid Waste 



§ 20750 



History 
1. Renumbering and amendment of former section 20685 to new section 20695 
filed 11-5-97; operative 1 1-5-97 pursuant to Government Code section 
1 1343.4(d) (Recister97. No. 45). 



§ 20700. CIWMB— Intermediate Cover. (T1 4:§1 7684) 

(a) Compacted earthen material of at least twelve (12) inches shall be 
placed on all surfaces of the fill where no additional solid waste will be 
deposited within 1 80 days to control vectors, fires, odors, blowing litter, 
and scavenging. 

(b) Alternative inaterials of alternative thickness (other than at least 
twelve inches of earthen material) for intermediate cover may be ap- 
proved by the EA with concurrence by the CIWMB, if the owner or oper- 
ator demonstrates that the alternative material and thickness control vec- 
tors, fires, odors, blowing litter, and scavenging without presenting a 
threat to human health and the environment. 

(c) For waste classification, composition, and liquid percolation re- 
quirements of intermediate cover and alternative intermediate cover, re- 
fer to the SWRCB requirements set forth in §20705 of this article. 

(d) Proposed use of alternative intermediate cover shall be subject to 
site specific demonstration to establish suitability as interinediate cover. 
Demonstration projects shall be approved by the EA with concurrence 
by the CIWMB. 

NOTE; Authority cited: Sections 40502 and 41781. 3, Public Resources Code. Ref- 
erence: Sections 40508. 3020, 43021 and 43103, Public Resources Code; and 
Code of Federal Regulations Section 258.21 . 

HtSTORY 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of subsection (a), new subsections (b)-(d), and amendment of 
Note filed 1 1-5-97; operative 1 1-5-97 pursuant to Government Code section 
II. 343.4(d) (Register 97, No. 45). 

§ 20701 . CIWMB— Slope Stability of Daily and Intermediate 
Cover. (T14:§17678) - [Reserved] 

NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

§ 20705. SWRCB— Standards for Daily and Intermediate 
(Interim) Cover. (CI 5: §2544) 

[Note: This section applies in conjunction with CIWMB sections 
20680-20701 and addresses cover issues prior to the installation of the 
final cover. Readers interested in the SWRCB-promulgated require- 
ments for final cover will find them at §21090.] 

(a) Daily & Intermediate — Interim cover at landfills is "daily cover" 
and "intermediate cover" as defined by the CIWMB (see §20160). 

(b) Minimize Percolation — Interim cover over wastes discharged to a 
landfill shall be designed and constructed to minimize percolation of liq- 
uids through wastes. 

(c) For Class II Waste Piles — Cover may be required by RWQCBs for 
Class II wastes piles. 

(d) [Reserved] 

(e) Limitations On Cover Materials — Except for reusable covers that 
are never incorporated into the Unit, daily and intermediate cover shall 
only consist of materials: 

(1) Match Unit Classification — which meet the classification criteria 
for wastes that can be discharged to that landfill. Therefore, a material 
that would be classified as a designated waste cannot be utilized for daily 
or intermediate cover at a Class III landfill unless that material is ap- 
proved for discharge (as a waste) to that landfill pursuant to 
§20200(a)(l);and 

(2) Composition — whose constituents (other than water) and foresee- 
able breakdown byproducts, under the chemical (including biochemical) 
and temperature conditions which it is likely to encounter within the 
landfill, either: 

(A) for non-composite lined portions of the Unit, are mobilizable only 
at concentrations which would not adversely affect beneficial uses of wa- 
ters of the state, in the event of a release; or 



(B) for composite-lined portions of the Unit, are listed as COCs in the 
Unit's water quality protection standard (Water Standard), created pur- 
suant to §20395. 

(f) Dust Control — The requirements of §21090(a)(.5) regarding the 
discharge of leachate, gas condensate, and other liquids to final-covered 
portions of the Unit also apply to the discharge of liquids to daily and in- 
termediate cover, including discharges made for the purpose of dust con- 
trol. 

NOTE: Authority cited: Section 1058, WaterCode; Reference: Sections 1 3 1 72 and 
13360. Water Code; and Section 43103. Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

Article 3. CIWMB— Handling, Equipment 
and Maintenance 

§ 20710. CIWMB— Scavenging, Salvaging, and Storage. 
(T1 4:§1 7686,1 7687,1 7690,1 7691 ) 

(a) Scavenging is prohibited at any dispo.sal site. 

(b) Salvaging as approved by the EA shall be conducted in a planned 
and controlled manner and shall not interfere with other aspects of site 
operations, including the expeditious entry and egress of vehicles at the 
site. 

(c) Salvaged materials generated on-site or imported shall be placed 
for storage in a specified, clearly identifiable area segregated from the 
working face. Salvaged materials shall be arranged so as to minimize risk 
of fire, health and safety hazard, vector harborage, or other hazard or nui- 
sance, and be limited to a volume and storage time as approved by the 
enforcement agency. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New article 3 (sections 20710-20750) and section filed 6-18-97; operative 
7-18-97 (Register 97, No. 25). 

§ 20720. CIWMB— Non-Salvageable Items. (T1 4:§1 7692) 

Drugs, cosmetics, foods, beverages, hazardous chemicals, poisons, 
medical wastes, syringes, needles, pesticides and other materials capable 
of impairing public health shall not be salvaged unless approved by the 
EA and the local health agency. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103. Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20730. CIWMB— Volume Reduction and Energy 
Recovery. (T14:§1 7688,1 7689) 

Volume reduction such as incineration, baling, shredding, compost- 
ing, pyrolysis, and materials and energy recovery operations as approved 
by the EA shall be confined to specified, clearly identifiable areas of the 
site. If volume reduction is conducted operations shall be done in a con- 
trolled manner as an integral part of the operation and not interfere with 
the proper construction and maintenance of the site or create health, safe- 
ty, or environmental problems. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20740. CIWMB— Equipment. (T1 4:§1 7693,1 7694) 

Equipment shall be adequate in type, capacity and number, and suffi- 
ciently maintained to permit the site operation to meet requirements of 
these standards. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20750. CIWMB— Site Maintenance. (T1 4:§1 7695,1 7696) 

The operator shall implement a preventative maintenance program to 
monitor and promptly repair or correct deteriorated or defective condi- 



Page 641 



Register 2004, No. 22; 5-28-2004 



§ 20760 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



tions with respect to requirements of the CIWMB standards, and condi- 
tions established by the EA. All other aspects of the disposal site shall be 
kept in a state of reasonable repair. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Regi,ster 97, No. 25). 



Article 4. CIWMB— Controls 

§ 20760. CIWMB— Nuisance Control. (T1 4:§1 7701 ) 

Each disposal site shall be operated and maintained so as not to create 
a public nuisance. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New article 4 (sections 20760-20900) and section filed 6-18-97; operative 

7-18-97 (Register 97, No. 25). 

§ 20770. CIWMB— Animal Feeding. (T1 4:§1 7702) 

Feeding of solid waste to animals which will be used for human con- 
sumption is prohibited on disposal sites. Grazing of livestock away from 
operating areas is permitted. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
] . New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 20780. CIWMB— Open Burning and Burning Wastes. 
(T14:§17258.24(b),17703, 17741) 

(a) Open burning of solid waste, except for the infrequent burning of 
agricultural wastes, silvicultural wastes, landclearing debris, diseased 
trees, or debris from emergency clean-up operations, is prohibited at all 
solid waste landfills. 

(b) If burning wastes are received, they shall be deposited in a safe area 
and extinguished. If burning wastes have been placed in an active face, 
they shall be immediately excavated, spread and extinguished. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020 through 43022 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 20790. CIWMB— Leachate Control. (Tl 4:§1 7704,1 7709) 

The operator shall ensure that leachate is controlled to prevent contact 
with the public. 

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
fions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New secfion filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 20800. CIWMB— Dust Control. (Tl 4:§1 7706) 

The operator shall take adequate measures to minimize the creation of 
dust and prevent safety hazards due to obscured visibility. 
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 20810. CIWMB— Vector and Bird Control. (T14:§17707) 

The operator shall take adequate steps to control or prevent the propa- 
gation, harborage or attraction of flies, rodents, or other vectors and to 
minimize bird problems. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
fions 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 20820. CIWMB— Drainage and Erosion Control. 
(T14:§1 7708,1 771 5) 

(a) The drainage system shall be designed and maintained to: 



(1) ensure integrity of roads, structures, and gas monitoring and con- 
trol systems", 

(2) prevent safety hazards; and 

(3) prevent exposure of waste. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1 . New secuon filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§20830. CIWMB Litter Control. (T14:§1 7711) 

Litter shall be controlled, routinely collected and disposed of properly. 
Windblown materials shall be controlled to prevent injury to the public 
and personnel. Controls shall prevent the accumulation, or off-site mi- 
gration, of litter in quantities that create a nuisance or cause other prob- 
leins. 

NOTE: Authority cited: Section 40.502, Public Resources Code. Reference: Sec- 
fions 43020. 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20840. CIWMB— Noise Control. (Tl 4:§1 771 2) 

Noise shall be controlled to prevent health and safety hazards to per- 
sons using the site and to nearby residents. 

NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1 . New secfion filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20860. CIWMB— Traffic Control. (T14:§17714) 

Traffic flow into, on, and out of the disposal site shall be controlled to 
minimize the following: 

(a) interference and safety problems with traffic on adjacent public 
streets or roads, 

(b) on-site safety hazards, and 

(c) interference with site operations. 

NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 
1 . New secfion filed 6^18-97; operative 7-18-97 (Register 97, No. 25). 

§ 20870. CIWMB— Hazardous Wastes. 
(T14:§1 7742,1 7258.20) 

(a) Owners or operators of all MSWLF units must implement a pro- 
gram at the facility for detecting and preventing the disposal of regulated 
hazardous wastes as defined in 40 CFR Part 261 and polychlorinated bi- 
phenyls (PCB) wastes as defined in 40 CFR Part 761 . This program must 
include, at a minimum: 

( 1 ) Random inspections of incoming loads unless the owner or opera- 
tor takes other steps to ensure that incoming loads do not contain regu- 
lated hazardous wastes or PCB wastes; 

(2) Records of any inspections; 

(3) Training of facility personnel to recognize regulated hazardous 
wastes and PCB wastes; and 

(4) Notification of the EA, the Director of the California Department 
of Toxic Substances Control (DTSC) or its delegated agent, and the Re- 
gional Water Quality Control Board (RWQCB), if a regulated hazardous 
waste or PCB waste is discovered at the facility. 

(b) A site shall not accept hazardous wastes unless the site has been 
approved for the particular waste involved. 

(c) At sites where hazardous materials are processed, precautions must 
be taken to eliminate or control dusts, fumes, mists, vapors or gases that 
may be produced in quantities and under conditions which may have 
harmful effects on site personnel, the general public or animals. 
NoTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 40508, 43020, 43021 and 43103, Public Resources Code; Secfions 25249.5 
through 25249. 1 3, Health and Safety Code; and Title 40, Code of Federal Regula- 
fions, Secfion 258.20. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Page 642 



Register 2004, No. 22; 5-28-2004 



Title 27 



Solid Waste 



§ 20921 



§ 20880. CIWMB— Medical Waste, (new) 

Medical waste, unless treated and deemed to be solid waste, which is 
regulated pursuant to the Medical Waste Management Act [Part 14 (com- 
mencing with Section 1 17600) ot" Division 104 of the Health and Safety 
Code], shall not be accepted for disposal at a site. 

NOTE: AiKhority Cited: Section 40502. Public Resources Code. Reference: Sec- 
tions 43020. 4.3021 and 43013. Public Resources Code. 

History 
1. New section filed 6-18-97: operative 7-18-97 (Register 97. No. 25). 

§ 20890. CIWMB— Dead Animals. (T1 4:§1 7744) 

Dead animals may be accepted if allowed by local regulations and 
shall be covered immediately or at a frequency approved by the EA. 

NOTFi: Authority cited: Section 40502. Public Resources Code. Reference: Sec- 
lions 43020. 43021 and 43103. Public Resources Code. 

History 
1. New section filed 6-18-97: operative 7-18-97 (Register 97. No. 25). 

§ 20900. CIWMB— Air Cnteria. [T1 4:§1 7258.24(a)] 

Owners or operators ofall MS WLF's must ensure that the units do not 
violate any applicable requirements developed under a State Implemen- 
tation Plan (SIP) approved or promulgated by the Administrator, United 
States Enviromnental Protection Agency, pursuant to section 1 10 of the 
Clean Air Act, as amended. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020. 43021 and 43103, Public Resources Code. 

History 
1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Article 5. CIWMB— Fire Control at Active 
and Closed Disposal Sites 

§ 20905. CIWMB— [Reserved] 

NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43022 and 43103, Public Resources Code. 

History 

1. New article 5 (sections 2090.5-20915) and section filed 6-18-97; operative 
7-l8-97(Register97, No. 25). 

§ 20915. CIWMB— Subsurface Fire Control. [Reserved] 

Article 6. Gas Monitoring and Control at 
Active and Closed Disposal Sites 

§ 20917. CIWMB— Scope and Applicability. [Reserved] 

§20918. CIWMB— Exemptions. 

A disposal site other than a MSWLF unit may be granted an exemption 
to all or any portion of the requirements of Article 6 of this Subchapter 
if the operator can demonstrate to the satisfaction of the EA that there is 
no potential for adverse impacts on public health and safety and the envi- 
ronment, based upon but not limited to: the amount, nature and age of re- 
fuse; projected landfill gas generation; and remoteness of the disposal 
site. Exemptions shall be reviewed by the EA at least every five (5) years 
and in conjunction with the five (5) year permit review for those sites 
which have a solid waste facilities permit, and. based on the results, the 
EA may extend or terminate the exemption. Any exemption granted by 
the EA shall be in writing and shall contain sufficient relevant informa- 
tion that justifies the exemption. 

NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 4.3020. 43021 and 43103, Public Resources Code; and Title 40, Code of Fed- 
eral Regulations, Section 258.23. 

History 

1. New article 6 (sections 20918-20937) and section filed 6-18-97; operative 
7-18-97 (Register 97, No. 25). 

2. Amendment of section headine and section filed 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 



§ 2091 9. CIWMB— Gas Control. 

Where the EA, the local fire control authority, the local building au- 
thority, or the CIWMB has sufficient relevant information to believe a 
hazard or nuisance is being or may be created by landfill gas, it shall so 
notify the operator. The local fire control authority and the local building 
authority shall also notify the E.A and the CIWMB. Thereafter, as di- 
rected by the EA, the local fire control authority, the local building au- 
thority, or the CIWMB, the site operator shall cause the site to be moni- 
tored for presence and movement of landfill gas and shall take necessary 
action to control such gas. The monitoring program shall be developed 
pursuant to the specifications of the above agencies. The monitoring pro- 
gram shall not be discontinued until authorized to do so in writing by the 
requiring agency. Results of the monitoring shall be submitted to the ap- 
propriate agencies. If inonitoring indicates landfill gas movement away 
from the site, the operator shall, within a period of time specified by the 
requiring agency, construct a gas control system approved by that 
agency. The agency may waive this requirement if satisfactory evidence 
is presented demonstrating that adjacent properties are safe from hazard 
or nuisance caused by landfill gas movement. The operator shall duly in- 
form the EA of possible landfill gas problems. 

NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and section filed 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 

§ 20919.5. CIWMB— Explosive Gases Control. [Repealed] 

NOTE; Authority cited: Sections 40502, 40508, 43020. 43021 and 4.3030. Public 
Resources Code. Reference: Sections 43020. 43021 and 43 1 03, Public Resources 
Code; and Title 40, Code of Federal Regulations, Section 258.23. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of subsection (b)(2), new subsection (f) and amendment of NoTi; 
filed 10-28-98 as an emergency; operative 10-28-98 (Register 98, No. 44). A 
Certificate of Compliance must be transmitted to OAL by 2-25-99 oremergen- 
cy language will be repealed by operation of law on the following day. 

3. Amendment of subsection (b)(2), new subsection (0 and amendment of Notl 
refiled 2-25-99 as an emergency; operative 2-25-99 (Register 99, No. 9). A 
Certificate of Compliance must be transmitted to OAL by 6-25-99 oremergen- 
cy language will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 2-25-99 order transmitted to OAL 6-24-99 and 
filed 7-12-99 (Register 99, No. 29). 

5. Repealer filed 8-21-2007; operafive 9-20-2007 (Register 2007, No. 34), 

§ 20920. CIWMB— Scope and Applicability for Gas 
Monitoring and Control Requirements. 

(a) Sections 20921 through 20939 set forth the performance standards 
and the minimum substantive requirements for landfill gas monitoring 
and control as it relates to active solid waste disposal sites and to proper 
closure, postclosure maintenance and ultimate reuse of solid waste dis- 
posal sites to assure that public health and safety and the environment are 
protected from pollution due to the disposal of solid waste. 

(b) Sections 20921 through 20939 apply to all of the following: 

(1) Active solid waste disposal sites; 

(2) Solid waste disposal sites that did not commence complete closure 
prior to August 18, 1989, which was fully implemented by November 18, 
1990, in accordance with all applicable requirements; and 

(3) New postclosure activities at any solid waste disposal site that may 
jeopardize the integrity of a previously closed site or pose a threat to pub- 
lic health and safety or the environment. 

NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code, Refer- 
ence: Sections 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25), 

2. Amendment of section heading, section and NOTt filed 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 

§ 20921 . CIWMB— Gas Monitoring and Control. 

(a) To provide for the protection of public health and safety and the en- 
vironment, the operator shall ensure that landfill gas generated at a dis- 
posal site is controlled in such a manner as to satisfy the following re- 
quirements: 



Page 643 



Register 2t)07, No. 40; 10-5-2(X)7 



§ 20923 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



( 1 ) The concentration of methane gas must not exceed 1.2?% by vol- 
ume in air within any portion of any on-site stmctures. 

(2) The concentration of methane gas migrating from the disposal site 
must not exceed 5% by volume in air at the disposal site permitted facility 
boundary or an alternative boundary approved in accordance with 
§20925. 

(3) Trace gases shall be controlled to prevent adverse acute and chron- 
ic exposure to toxic and/or carcinogenic compounds. 

(b) The EA. with concurrence by the CIWMB, shall evaluate and. if 
it complies with the requirements of §§20921-20939 to the satisfaction 
of the EA and CIWMB, approve a gas monitoring and control program 
submitted by the disposal site operator. The timeline for concurrence by 
the CIWMB shall be consistent with the timelines for processing of solid 
waste facilities permits (27 CCR 21685) and review and approval of clo- 
sure and postclosure maintenance plans (27 CCR 2 1 860), as appropriate. 
For CIWMB reviews conducted outside of the SWFP and closure and 
postclosure maintenance plans processes, the CIWMB shall act upon the 
submittal by concurring, denying, or requesting additional information 
within 60 days of receipt of the submittal; if the CIWMB does not act 
upon the submittal within 60 days, the submittal will be deemed to have 
been concurred with. 

( 1) New disposal sites and lateral expansions of existing disposal sites 
shall comply with these regulations prior to receipt of waste in the new 
or expanded area. 

(2) Disposal sites which have received their final shipment of waste 
shall comply with these regulations immediately. Disposal sites which 
are actively implementing final closure activities at the time these regula- 
tions become effective shall comply with these regulations in accordance 
with the time schedule contained in the approved final closure plan. 

(3) Existing disposal sites which have not yet received their final ship- 
ment of waste shall comply with these regulations in accordance with the 
following schedule. 

(A) For disposal sites which are permitted to receive greater than 20 
tons of waste per operating day shall comply with these regulations by 
September 21, 2008. 

(B) For disposal sites which are permitted to accept less than or equal 
to 20 tons of waste per operating day shall comply with these regulations 
by September 21, 2009. 

(c) The gas monitoring and control program implemented pursuant to 
§§2092 1-20939 shall continue until the operator receives written autho- 
rization to discontinue by the EA with concurrence by the CIWMB pur- 
suant to 40 CFR 238.61(b). Authorization to cease gas monitoring and 
control shall be based on a demonstration by the operator that there is no 
potential for gas migration beyond the disposal site permitted facility 
boundary or into on-site structures. The operator's demonstration of this 
proposal shall be supported by data collected and any necessary studies. 

(d) The gas monitoring and control program required pursuant to 
§§20921-20939 shall be included in the JTD and preliminary and final 
closure and postclosure maintenance plans. The implementation of the 
gas monitoring and control program shall be described in detail in the 
JTD and the preliminary and final closure and postclosure maintenance 
plans to the satisfaction of the EA and CIWMB. 

(e) The gas monitoring and control program shall be modified, during 
the operation and closure and postclosure maintenance periods to reflect 
changing on-site and adjacent land uses. Postclosure land use at the site 
shall not interfere with the function of gas monitoring and control sys- 
tems. The operator may request a reduction of monitoring or control acti- 
vities based upon the results of monitoring data collected. The request for 
reduction of monitoring or control activities shall be submitted in writing 
to the EA and CIWMB. 

(0 For the purposes of this article, for disposal sites that do not have 
a solid waste facilities permit, the disposal site permitted facility bound- 
ary shall be as defined in the most recently approved closure and/or post- 
closure maintenance plan or other appropriate document (e.g., assessor's 
parcel map). 



NOI E: Authority cited: Sections 40502 and 4.5020, Public Resources Code. Refer- 
ence: Sections 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and Note filed 8-21-2007: operative 
9-20-2007 (Register 2007. No. 34). 

3. Editorial correction of subsection (bXl) (Register 2007, No. 40). 

§ 20923. CIWMB— Monitoring. 

(a) To ensure that the conditions of §20921 are met, the operator shall 
implement a gas monitoring and control program at the disposal site that 
satisfies the following requirements: 

( 1 ) the gas monitoring network shall be designed by a registered civil 
engineer or a certified engineering geologist and shall ensure detection 
of the presence of landfill gas migrating beyond the dispo.sal site per- 
mitted facility boundary and also into on-site structures; and 

(2)The monitoring network shall be designed to account for the fol- 
lowing specific site characteristics and potential migration pathways or 
barriers, including, but not limited to: 

(A) local soil and rock conditions; 

(B) hydrogeological conditions at the disposal site; 

(C) the hydrauhc conditions surrounding the disposal site; 

(D) locations of buildings and structures relative to the waste disposal 
area; 

(E) adjacent land use, and inhabitable structures within 1 000 feet of the 
disposal site permitted facility boundary; 

(F) man-made pathways, such as underground construction; and 

(G) the nature and age of the waste and its potential to generate landfill 
gas. 

NOTE: Authority Cited: Sections 40502 and 45020, Public Resources Code. Ref- 
erence: Sections 43201 and 43103, Public Resources Code; and Title 40, Code of 
Federal Regulations. Section 258.23. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and Note filed 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 

§ 20925. CIWMB— Perimeter Monitoring Network. 

(a) Location 

(1) Perimeter subsurface monitoring wells shall be installed around 
the waste disposal footprint but not within refuse. In some cases the 
installation of monitoring wells may not be necessary around the entire 
perimeter of the disposal site permitted facility boundary. In such a case, 
the operator shall demonstrate to the satisfaction of the EA that landfill 
gas migration could not occur due to geologic barriers and that no inhab- 
itable structure or other property or land use, such as agricultural lands, 
within 1 ,000 feet of the disposal site permitted facility boundary is threat- 
ened by landfill gas migration. 

(2) Periineter monitoring wells shall be located at or near the disposal 
site permitted facility boundary. The operator may establish an alternate 
boundary closer to the waste disposal footprint based on a knowledge of 
the site factors in §20923(a)(2). When compliance levels are exceeded 
at the alternate boundary, the operator shall install additional monitoring 
wells closer to the permitted facility boundary, pursuant to §20937. 

(b) Spacing 

( 1 ) The lateral spacing between adjacent monitoring wells shall not ex- 
ceed 1 ,000 feet unless the operator demonstrates to the satisfaction of the 
EA and CIWMB, based on the factors specified in §20923(a)(2), that 
there is no potential for adverse impacts on the public health and safety 
and the environment fiom such wider spacing. 

(2) The spacing of monitoring wells shall be determined based upon, 
but not limited to: the nature of the structure to be protected and its prox- 
imity to the refuse. Wells shall be spaced to align with gas permeable 
structural or stratigraphic features, such as dry sand or gravel, off-site or 
on-site structures, and areas of dead or stressed vegetation that might be 
caused by landfill gas migration. 

(3) Monitoring well spacing shall be reduced as necessary to protect 
persons and structures threatened by landfill gas migrauon. 



Page 644 



Register 2007, No. 40; 10-5-2007 



Title 27 



Solid Waste 



§ 20933 



(c) Depth 

( 1 ) The depth of the wellbore of all monitorhig wells shall equal the 
maximum depth of waste. The number and depths of monitoring probes 
within the wellbore shall be installed in accordance with the following 
criteria, except as specified in 1(c)(2) of this section. 

(A) a shallow probe shall be installed 5 to 10 feel below the surface; 

(B) an intermediate probe shall be installed at or near half the depth of 
the waste; 

(C) a deep probe shall be set at or near the depth of the waste; 

(D) the specified depths of monitoring probes within the wellbore shall 
be adjusted based on geologic data obtained during drilling, and probes 
shall be placed adjacent to soils which are most conducive to gas flow; 

(E) All probes shall be installed above the permanent low seasonal wa- 
ter table, above and below perched ground water, and above bedrock; and 

(F) When the depth of the waste does not exceed 30 feet, the operator 
may reduce the number of probes to two, with one probe located in the 
shallow zone as indicated above and the other located adjacent to perme- 
able soils at or near the depth of the waste. 

(2) Exclusions or modifications to the requirements specified in 
1(c)(1) of this section may be requested when conditions limit the practi- 
cality or do not warrant the installation depth criteria (e.g., filled pits, cut 
and trench, and canyon fills). In those cases, the operator shall propose 
an alternate system of equivalent probe depths. The proposal must dem- 
onstrate to the satisfaction of the EA and CIWMB that probes located at 
these depths are sufficient to detect migrating landfill gas and provide 
protection to public health and safety and the environment. 

(3) The EA may require an increase in the number of monitoring wells 
or probes or the depth of the wellbore or modify the depths of monitoring 
probes within a wellbore to ensure compliance with §2092 1 (a). The oper- 
ator is not precluded from utilizing existing gas monitoring wells of an 
alternate design when the operator demonstrates to the satisfaction of the 
EA and CIWMB that such wells have been installed in a manner that en- 
sures the detection of landfill gas migrating from the disposal site. 

(d) Monitoring Well Construction 

(1) Monitoring wells shall be drilled by a licensed drilling contractor 
or by a drilling crew under the supervision of the design engineer or engi- 
neering geologist. Wells shall be logged during drilling by a geologist or 
geotechnical engineer. Soils shall be described using the ASTM Desig- 
nation: D2488-84 method for visual classification. Standard Practice for 
Description and Identification of Soils (Visual-Manual Procedure), 
which is incorporated by reference. Rock units shall be described in a 
manner appropriate for geologic investigation. 

(2) A record of each monitoring well shall be maintained by the opera- 
tor and submitted to the EA upon request. The record shall include: 

(A) a map of the disposal site drawn to a scale proposed by the design 
engineer or engineering geologist sufficient to show the location of all 
monitoring wells. Each well must be identified with a number that corre- 
sponds to the well log. Surface elevations at the wellheads shall be de- 
noted on the map; 

(B) well logs, including the names of the person(s) logging the hole; 
and 

(C) an as-built description, including a well detail which indicates 
probe material and depth, extent and type of filter pack, thickness and 
material used for seals, extent and material used for backfill, size and in- 
terval of perforations, and a description of any shutoff valves or covers. 

(3) To isolate monitored zones within the wellbore and prevent con- 
tamination of perched ground water and permanent ground water, the op- 
erator shall provide a minimum seal of five (5) feet of bentonite at the sur- 
face and between the monitored zones. 

Note: Authority cited: Sections 40502 and 45020, Public Resources Code. Refer- 
ence: Sections 43021 and 43103, Public Resources Code. 

History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and Note fded 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 

3. Editorial correction of subsection (d)(3) (Register 2007, No. 40). 



§ 20931 . CIWMB— Structure Monitoring. 

(a) To ensure that the requirements of §20923(a)( 1 ) are met, the moni- 
toring network design shall include provisions for monitoring all struc- 
tures within the disposal site permitted facility boundary, including but 
not limited to, buildings, subsurface vaults, utilities, or any other areas 
where potential landfill gas buildup may cause adverse impacts to the 
public health or safety or the environment. 

(b) Methods for monitoring on-site structures may include, but are not 
limited to: periodic monitoring, utilizing either permanently installed 
monitoring probes or gas surveys, and continuous monitoring systems. 

(c) Structures located on top of the waste disposal footprint shall be 
monitored on a continuous basis. 

(d) When practical, structures shall be monitored after they have been 
closed overnight or for the weekend to allow for an accurate assessment 
of gas accumulafion. Areas of the structure where gas may accumulate 
shall be monitored and may include, but are not limited to, areas in, un- 
der, beneath and around basements; crawl spaces; floor seams or cracks; 
and subsurface utility connections. 

NOTE: Authority cited: Sections 40.502 and 45020, Public Resources Code. Refer- 
ence: Sections 43021 and 4.'^ 103, Public Resources Code. 

History 

1. New section fded 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and Norn filed 8-21-2007: operative 
9-20-2007 (Register 2007, No. 34). 

§ 20932. CIWMB— Monitored Parameters. 

(a) All monitoring wells and on-site structures shall be monitored for 
methane during the monitoring period. The EA may require that a sainple 
be collected for laboratory analysis for specified trace gases when there 
is a possibility of acute or chronic exposure due to hazardous materials. 
NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code;. Ref- 
erence: Sections 43021 and 43103, Public Resources Code. 

History 

1. New secfion filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and Noti- filed 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 

§ 20933. CIWMB— Monitoring Frequency. 

(a) At a minimum, quarteriy monitoring is required. 

( 1 ) The EA may require more frequent monitoring based upon site spe- 
cific factors, including those noted in §20923(a)(2), or as needed to pro- 
tect public health or safety or the environment. 

(2) More frequent monitoring may also be required at those locations 
where results of monitoring indicate that landfill gas migration is occur- 
ring or is accumulating in structures. 

(3) The operator shall increase the monitoring frequency, as is neces- 
sary, to detect migrating gas and ensure compliance with §20921 . 

(b) For those MSWLF's that are permitted to accept for disposal 20 
tons or less of municipal solid waste per day based on an annual average, 
the EA. with concurrence by the CIWMB. may reduce the frequencies 
for monitoring landfill gas after consideration of the unique characteris- 
tics of the MSWLF and its surroundings, chmafic and hydrogeologic 
condifions, and protection of public health and safety and the environ- 
ment. Any proposal by an operator for a reduced monitoring frequency 
shall be made available by the EA for public review for a minimum of 30 
days to allow interested persons the opportunity to comment. The opera- 
tor shall place in the operating record of the MSWLF documentaUon of 
the considerafions. public comment, and EA approval and CIWMB con- 
currence for any alternative frequency. No reduced monitoring frequen- 
cy shall be approved unless the EA and the CIWMB determine that the 
alternative monitoring schedule adequately protects the public health 
and safety and the environment. The Executive Director or the EA may 
condition, limit, suspend, or terminate an operator's use of an alternative 
monitoring frequency if s/he or it determines that the alternative frequen- 
cy may cause harm to public health and safety or the the environment. 
Note; Authority cited: Sections 40502 and 45020, Public Resources Code. Refer- 
ence: Sections 43021 and 43103, Public Resources Code; and Title 40, Code of 
Federal Regulations, Section 258.23. 



Page 644.1 



Register 2007, No. 40; 10-5-2007 



§ 20934 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and NoTH filed 8-21-2007; operative 
9-20-2007 (Register 2007. No. 34). 

§ 20934. CIWMB— Reporting. 

( a) Provided that the results of landfill gas monitoring demonstrate that 
none of the monitoring wells show gas concentrations in excess of the re- 
quirements specified in §2092 1(a), the operator shall submit the results 
to the EA within a time period specified by the EA but no more than with- 
in ninety (90) days of sampling. When compliance requirements are ex- 
ceeded in any probe at any well, the requirements of §20937 shall apply. 
The monitoring reports shall include: 

(1) the concentrations of methane, as measured at each probe within 
each well and within each on-site structure; 

(2) the concentrations of specified trace gases, if required by the EA; 

(3) the documentation of date, time, barometric pressure, atmospheric 
temperatures, general weather conditions, and probe pressures at the time 
the sample was taken or the probe was monitored; 

(4) the names of sampling personnel, apparatus utilized, and abrief de- 
scription of the methods used; and 

(5) a numbering system to correlate monitoring results to a corre- 
sponding well and probe location. 

NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code. Refer- 
ence: Sections 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and Note filed 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 

§ 20937. CIWMB— Reporting and Control of Excessive Gas 
Concentrations. 

(a) When the results of landfill gas monitoring indicate concentrations 
of methane or trace gases in excess of the compliance requirements speci- 
fied in §2092 1(a), the operator shall: 

( 1) Immediately take all steps necessary to protect public health and 
safety and the environment and notify the EA by telephone or electronic 
means. 

(2) Within seven (7) days of detection of excessive landfill gas con- 
centrations. 

(A) Verify validity of results by reviewing the following: 
(i) probe readings; 

(ii) possible liquid interference; 
(iii) control well influence; and 
(iv) barometric pressure effects. 

(B) place in the operating record a description of and submit a letter 
to the EA that describes: 

(i) the levels of methane and trace gas detected; 

(ii) a brief description of the nature and extent of the problem based 
on information currently available: 

(iii) the steps the operator has taken to protect public health and safety 
and the environment; and 

(iv) a brief description of any further corrective actions that the opera- 
tor or others need to take to adequately protect public health and safety 
and the environment prior to the implementation of the remediation plan 
described in subdivision (a)(3) below. 

(3) Within 60 days of detection, implement a remediation plan ap- 
proved by the EA and CIWMB for the methane gas releases, place a copy 
of the plan in the operating record, forward a copy of the plan to the EA 
and CIWMB, and notify the EA that the plan has been implemented. The 
plan shall describe the nature and extent of the problem and the proposed 
remedy. 

(4) Construct a gas control system that meets the criteria of §20939, 
designed by a registered civil or mechanical engineer, within a period of 
time specified by the EA. Installation of the system shall be in accordance 
with a design and in a manner approved for construction by the EA in 
coordination, if applicable, with the RWQCB. 



(b) The EA, with concurrence by the CIWMB, may establish an alter- 
native schedule for demonstrating compliance with subdivisions (a)(2) 
and (3 ) pursuant to 40 CFR 258.23(c)(4). 

(c) The EA shall forward notifications and approvals made pursuant 

to Wa)( 1 ). (2) and (3) to the CIWMB. 

NOTE: Authority cited: Sections 40502 and 45020. Public Resources Code. Refer- 
ence: Sections 43021 and 43103, Public Resources Code; and Title 40, Code of 
Federal Regulations, Section 258.23. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and section, including renumbering of former 
subsections 20937(b)-(s)(2) to new section 20939, and amendment of Notf; 
filed 8-21-2007; operative 9-20-2007 (Register 2007, No. 34). 



§ 20939. CIWMB— Control of Excessive Gas 
Concentrations. 

(a) A laiidtlU gas control system shall be designed to: 

(1) Prevent methane accuinulation in on-site structures from exceed- 
ing the level specified in §20921 (a); 

(2) Reduce methane concentrations at the disposal site permitted facil- 
ity boundary to the level specified in §2092 1(a); 

(3) Reduce trace gas concentrations to the requirement specified in 
§2092 1 (a); and 

(4) Provide for the collection, treatment, and disposal of landfill gas 
condensate produced within the disposal site. Condensate generated 
from landfill gas control systems shall not be recirculated into the landfill 
unless the landfill has a liner and a properly operating leachate collecdon 
and removal system and analysis of the condensate demonstrates, to the 
satisfacfion of the EA, that such recirculation into the landfill will not 
harm the public health or safety or the environment and the applicable 
RWQCB has approved such discharge pursuant to §20200(d). 

(b) Subsurface landfill gas control systems may include, but are not 
limited to, one or more of the following: 

( 1 ) Active perimeter or interior control systems which are designed to 
accommodate the maximum expected flow rate from the disposal site 
and provide access for system monitoring and flow rate adjustment. The 
control system shall be operated to ensure that gas is controlled at a suffi- 
cient rate without overpulling. to maximize control and not production, 
and to ensure adequate control for compliance with §20921 (a). 

(2) Perimeter air injection systems which shall be installed in native 
soil between the refuse and the area to be protected. Injection wells shall 
not be located in the refuse. The system shall be designed and operated 
to prevent air infiltration into the landfill but maintain landfill gas con- 
centrations to compliance levels. 

(3) Passive systems, including cutoff trenches, slurry walls, and vent 
trenches, when used shall be constructed with an impermeable geomem- 
brane liner. The passive systems shall be installed to the depth of perma- 
nent low seasonal ground water or keyed into a low permeability layer 
below the limit of migration. 

(c) Landfill gas control measures to protect structures and public 
health and safety shall include one or more of the following: 

( 1 ) Flexible membrane liners, 

(2) Active collecdon systems, 

(3) Passive collecfion systems designed to be upgraded to an active 
system. 

(4) Alarms, 

(5) Ignition source control, 

(6) Utility collars installed within structures and outside in trenches, 
and 

(7) Ventilation. 

(d) To ensure that the landfill gas control system is operating at opti- 
mum efficiency to control landfill gas, the operator shall provide for sys- 
tem monitoring and adjustment. 

(e) To provide for the safe, efficient operation of the landfill gas con- 
trol system, the operator shall implement a maintenance program in ac- 
cordance with the following requirements: 



Page 644.2 



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Title 27 



Solid Waste 



§ 20950 



( 1 ) A site-specific operations and maintenance manual shall be main- 
tained and kept current to reflect any expansion or modifications to the 
gas control system; 

(2) An operations and maintenance manual shall provide for periodic 
inspections and servicing of gas control equipment; and 

(3) Operations and maintenance shall be recorded and the records shall 
be retained by the operator. 

(f) Construction Quality Assurance/Quality Control 

( 1 ) The operator shall be responsible for providing inspections, as 
needed, to ensure the integrity of the system. 

(2) Prior to construction, the designer shall obtain and review all appli- 
cable test reports, shop drawings, and manufacturer's certificates to 
verify that all equipment used or to be used in the gas control system has 
been manufactured in accordance with industry standards. 

Note; Authority cited: Sections 40502 and 45020. Public Resources Code. Refer- 
ence: Sections 4302 I and 43103, Public Resources Code. 

History 

1 . Renumbering of former subsections 20937(bHg)(2) to new section 20939, in- 
cludins amendment of section and NoTi;, filed 8-21-2007; operative 
9-20-2007 (Register 2007, No. 34). 

2. Editorial correction of subsections (a)(4) and (b)( 1 )( Register 2007, No. 40). 

§ 20945. [Reserved by SWRCB] 

Subchapter 5. Closure and Post-Closure 
Maintenance 



Article 1. 



General Standards for All Waste 
Management Units 



§ 20950. SWRCB— General Closure and Post-Closure 
Maintenance Standards Applicable to Waste 
Management Units (Units) for Solid Waste. 
(CI 5: §2580) 

[Note: For landfills, see also §21790 el secj.] 
(a) General. 

( I ) Applicability — Dischargers who are implementing final closure of 
a new or existing classified solid waste management unit (Unit) or are im- 



plementing complete final closure of a portion of a solid waste landfill 
[incremental closure under §2 1 090(b)( 1 )(D)] shall comply with the pro- 
visions of this article. The discharger shall carry out both mandatory clo- 
sure (under §22190) and normal closure (e.g., at the end of the active life 
of the Unit) in accordance with a closure and post-closure plan (under 
§21769) which the RWQCB finds meets all applicable requirements that 
section and of this Subchapter, including but not limited to applicable 
performance standards under 1(a)(2). For the purposes of the RWQCB, 
the final closure plan the discharger submits under this .section consti- 
tutes an amendment to the report of waste discharge (under §2 1750). If 
a portion of a Unit was completely closed in accordance with an approved 
closure plan by November 27, 1984, the cover over the closed portion 
does not need to be modified to conform to the SWRCB 's additional clo- 
sure requirements in these regulations, unless monitoring data indicate 
impairment of beneficial uses of ground water. Classified Units shall be 
closed according to an approved closure and post-closure maintenance 
plan which provides for continued compliance with the applicable 
SWRCB-promulgated standards for waste containment and precipita- 
tion and drainage controls in Article 4, Subchapter 2, Chapter .3 of this 
subdivision (§20310 et seq.), and the monitoring program requirements 
in Article 5, Subchapter 2, Chapter 3 of this subdivision (§20380 et seq.), 
throughout the closure period and the post-closure maintenance period. 
Relative to the applicable SWRCB-promulgated requirements of this 
title, the post-closure maintenance period shall extend as long as the 
wastes pose a threat to water quality; for Units concurrently regulated by 
the RWQCB and by other state agencies (including the agents of such 
agencies), the RWQCB's finding that the waste in the Unit no longer 
poses a threat to water quality shall release the discharger only from the 
need to comply with the SWRCB-promulgated portions of this title, for 
that Unit. For land treatment facilities, relative only to the applicable 
SWRCB-promulgated requirements of this title, the post-closure main- 
tenance period shall extend until treatment is complete. 

(2) Performance Standards — The performance standards applicable to 
closure of a Unit and, for Units that are not clean-closed, to post-closure 
maintenance at the Unit are as follows: 

(A) Unit Closed as a Landfill — for landfills that are not clean-closed 
and for waste piles and surface impoundments that are closed as a land- 
fill: 



[The next page is 645. 



Page 644.3 



Register 2007, No. 40; 10-5-2007 



Title 27 



Solid Waste 



§ 21090 



• 



• 



1. Closure — tor landfills and for waste piles and surface impound- 
ments closed as landfills, the goal of closure, including but not limited to 
the installation of a final cover, is to minimize the infiltration of water into 
the waste, thereby minimizing the production of leachate and gas. For 
such Units, after closure, the final cover constitutes the Unit's principal 
waste containment feature: and 

2. Post-Closure Maintenance — the goal of post-closure maintenance 
at such Units is to assure that the Unit continues to comply with the per- 
formance standard of '][(a)(2)( A) I . until such time as the waste in the Unit 
no longer constitutes a potential threat to water quality; 

(B) Unit Clean-Closed — for Units that are clean-closed, the goal of 
closure is to physically remove all waste and contaminated materials 
from the Unit and from its underlying and surrounding environs, such 
that the waste in the Unit no longer poses a threat to water quality. Succes- 
sful completion of clean-closure eliminates the need for any post-clo- 
sure maintenance period and removes the Unit from being subject to the 
SWRCB-promulgated requirements of this subdivision; and 

(C) LTUs — for land treatment units (LTUs): 

1. Closure — the goal of closure is to initiate the post-closure mainte- 
nance period; 

2. Post-Closure Maintenance — the goal of post-closure maintenance 
is to continue Unit operations, without discharging additional waste to 
the Unit, in a manner which maximizes the degradation rate of the waste 
remaining within the treatment zone. 

(b) Closure Supervision — Closure shall be under the direct supervi- 
sion of a registered civil engineer or a certified engineering geologist. 

(c) Unit Type — Class II Units and Class III landfills shall be closed in 
accordance with one of the following options: 

(1) landfill: pursuant to §21090; 

(2) surface impoundment: pursuant to §21400; 

(3) waste pile: pursuant to §21410; or 

(4) land treatment: pursuant to §21420. 

(d) Surveying Monuments — Closed Units shall be provided with at 
least two permanent monuments installed by a licensed land surveyor or 
a registered civil engineer, from which the location and elevation of 
wastes, containment structures, and monitoring facilities can be deter- 
mined throughout the post-closure maintenance period. 

(e) Vegetation — For landfills and for waste piles and surface im- 
poundments that are closed as landfills, all vegetation for the closed 
Unit's vegetative cover layer shall meet the requirements of 
§2 1 090(a)(3)(A) 1 . fin cases where the Unit does not utilize the mechani- 
cally erosion resistant layer of §21090(a)(3)(A)2.]. 

(f) Closure/Post-Closure Financial Assurance — The RWQCB shall 
require the discharger to establish an irrevocable fund (or to provide other 
means) for closure and post-closure maintenance (see Articles 1 & 2 of 
Chapter 6 of this subdivision) to ensure closure and post-closure mainte- 
nance of each classified Unit in accordance with an approved plan. [Note: 
corrective action financial assurance standards contii7ue to apply 
throughout closure and post-closure maintenance {see §20380(b) & 
§22222./] For landfills required by the CIWMB to have financial assur- 
ance mechanisms under Chapter 6, the RWQCB shall assist the CIWMB : 

( 1 ) by verifying the amount of coverage proposed by the discharger to 
meet applicable SWRCB-promulgated requirements of this subdivision 
[Note: the CIWMB is responsible for the review, approval, and manage- 
ment of the financial assurance mechanisms for such Units]; and 

(2) by participating in the CIWMB's periodic review of the adequacy 
of financial assurance mechanisms, and in any enforcement action that 
such review reveals, as necessary. 

NOTE: Authority cited: Section 1058. Water Code. Reference: Section 13172. 
Water Code; Section 43103, Public Resources Code. 

H [STORY 
1. New subchapter 5, article 1 (section 20950) and section filed 6-18-97; opera- 
tive 7-18-97 (Register 97, No. 25). 



§ 20960. CIWMB— General Standards for Disposal Sites 
and Landfills. [Reserved] 

Article 2. Closure and Post-Closure 

Maintenance Standards for Disposal Sites 

and Landfills 

§ 21 090. SWRCB— Closure and Post-Closure Maintenance 
Requirements for Solid Waste Landfills. (C15: 
§2581 //T14: §17777, §17779) 

[Note: For SWRCB's final cover performance standard, sec 
§20950(aH2)(A): for related CIWMB requirements, see §2/790 et seq. ] 

(a) Final Cover Requirements — Final cover slopes shall not be steeper 
than a horizontal to vertical ratio of one and three quarters to one. and 
shall have a minimum of one fifteen-fool wide bench for every fifty feet 
of vertical height. Designs having any slopes steeper than a horizontal to 
vertical ratio of three to one. or having a geosy nthetic component [under 
*i(a)(2)]. shall have these aspects of their design specifically supported in 
the slope stability report required under §21750(0(5). The RWQCB can 
require flatter slopes or more benches where necessary to ensure preser- 
vation of the integrity of the final cover under static and dynamic condi- 
tions. The cost estimate, under §21769. for the final cover shall include 
a description of the type and estimated volume (or amount, as appropri- 
ate) of material needed for each component of the tlnal cover based upon 
the assumption that all materials will need to be purcha.sed; if on-site ma- 
terials are to be used, the submittal shall include test results confirming 
the availability of such on-site materials and their suitability for such u.se. 
The RWQCB can allow any alternative final cover design that it finds 
will continue to isolate the waste in the Unit from precipitation and irriga- 
tion waters at least as well as would a final cover built in accordance with 
applicable prescriptive standards under f(a)(]-3). 

(1 ) Foundation Layer — Closed landfills shall be provided with not less 
than two feet of appropriate materials as a foundation layer for the final 
cover. These materials may be soil, contaminated soil, incinerator ash. or 
other waste materials, provided that such materials have appropriate en- 
gineering properties to be used for a foundation layer. The foundation 
layer shall be compacted to the maximum density obtainable at opfimum 
moisture content using methods that are in accordance with accepted civ- 
il engineering practice. A lesser thickness may be allowed for Units if the 
RWQCB finds that differenfial settlement of waste, and ultimate land use 
will not affect the structural integrity of the final cover. 

(2) Low-Hydraulic-Conductivity Layer — In order to protect water 
quality by minimizing the generation of leachate and landfill gas. closed 
landfills shall be provided with a low-hydraulic-conductivity (or low 
through-flow rate) layer consisting of not less than one foot of soil con- 
taining no waste or leachate, that is placed on top of the foundation layer 
and compacted to attain an hydraulic conductivity of either 1x10-6 cm/ 
sec (i.e., 1 ft/yr) or less, or equal to the hydraulic conducUvity of any bot- 
tom liner system or underlying natural geologic materials, whichever is 
less permeable, or another design which provides a correspondingly low 
through-flow rate throughout the post-closure maintenance period. Hy- 
draulic conducUvity determinations for cover materials shall be as speci- 
fied in ArUcle 4. Subchapter 2, Chapter 3 of this subdivision [§203 1 et 
seq.], but using water as the permeant, and shall be appended to the clo- 
sure and post-closure maintenance report. For landfills or portions there- 
of in which the final cover is installed after July 1 8, 1 997, as part of the 
final closure plan for the Unit, the discharger shall provide a plan, as nec- 
essary [see1(a)(4)], for protecting the low-hydraulic-conductivity layer 
from foreseeable sources of damage that could impair its ability to pre- 
vent the throughflow of water {e.g., desiccation, burrowing rodents, or 
heavy equipment damage). 



Page 645 



Register 97, No. 50; 12-12-97 



§ 21090 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(3) Erosion-Resistant Layer — The low-hydraulic-conductivity layer 
of 1(a)(2) shall be directly overlain by an erosion-resistant layer, as fol- 
lows. 

(A) Closed landfills shall be provided with an uppermost cover layer 
consisting of either: 

1. Erosion-Resistance Via a Vegetative Layer — a vegetative layer 
consisting of not less than one foot of soil which: 

a. contains no waste (including leachate); 

b. is placed on top of all portions of the low-hydraulic-conductivity 
layer described in 11(a)(2); 

c. is capable of sustaining native, or other suitable, plant growth: 

d. is initially planted — and is later replanted as needed to provide ef- 
fective erosion resistance — with native or other suitable vegetation hav- 
ing a rooting depth not exceeding the depth to the top of the low-hydrau- 
lic-conductiviiy layer described in 1(a)(2). For any proposed vegetative 
cover, the discharger shall propose a species mix which harmonizes with 
the proposed post-closure land use, and which requires as little long- 
term maintenance as feasible by virtue of its tolerance of the vegetative 
layer's soil conditions {e.g.. the presence of landfill gas), its resistant to 
foreseeable adverse environmental factors (e.g., climate, disease, and 
pests), its rapidity of germination and growth, its persistence and ease of 
self-propagation, its high percentage of surface coverage (sufficient to 
prevent surface erosion), and its minimal need for irrigation and mainte- 
nance; and 

e. by virtue of its composition, its maintained vegetation density, and 
its finished-and- maintained grade, will be resistant to foreseeable ero- 
sion effects by wind-scour, raindrop impact, and runoff; or 

2. Mechanically Erosion-Resistant Layer — an erosion- and ultravio- 
let light-resistant layer which, by virtue of its composition and finished- 
and-maintained grade, resists foreseeable erosion effects by wind- 
scour, raindrop impact, and runoff (^.g., a 1-foot thick layer of cobbles, 
the interstices of which are filled with gravel). 

(B) The discharger shall maintain all components of the erosion-resis- 
tant layer throughout the post-closure maintenance period, and, if closed 
after July 18, 1997, shall implement such maintenance in accordance 
with an approved Cover-Integrity Monitoring and Maintenance Pro- 
gram, pursuant to 1(a)(4). 

(4) Cover Maintenance Plan & Annual Cost Estimate — ^The final cov- 
er shall be designed and constructed to function with the minimum main- 
tenance possible. For landfills and for other Units closed as landfills, if 
the closure occurs after July 18, 1997, the preliminary and final closure 
and post-closure maintenance plan shall incorporate a cover-integrity 
monitoring and maintenance program which includes at least the follow- 
ing components. The annualized post-closure maintenance plan cost 
analysis [of §2 1769(c)] shall include an itemized estimate of the annual 
cost of each component: 

(A) Periodic Leak Search — a schedule for carrying out periodic moni- 
toring of the integrity of the low-hydraulic-conductivity layer, including 
a method for effectively identifying and repairing breaches in that layer 
[for example and where allowed, by temporarily discontinuing active gas 
extraction and using surface gas probes or inserted soil gas probes to 
identify locations where landfill gas is emerging]; 

(B) Periodic Identification of Other Problem Areas — a schedule for 
periodically identifying and addressing other cover problems, including 
at least: 

1. areas of the vegetative cover, if any, requiring replanting; 

2. eroded portions of the erosion-resistant layer requiring regrading, 
repair, or (for areas where the problem persistently reoccurs) increased 
erosion resistance; 

3. eroded portions of the low-hydraulic-conductivity layer needing 
repair or replacement; 

4. areas lacking free drainage; 

5. areas damaged by equipment operation; 

6. [Reserved]; and 



7. localized areas identified in the iso-settlement survey [of 1(e)(2)] 
as having sustained repeated or severe differential settlement. 

(C) Prompt Cover Repair — a plan for repairing, in a timely manner, 
any breach or other cover problem discovered pursuant to 1(a)(4)(A or 
B). For any repairs of the low-hydraulic-conductivity layer, this plan 
shall either contain a Construction Quality Assurance (CQA) plan [under 
§2 1710(a)(5)], or shall accomplish this goal through the incorporation- 
by-reference of appropriate portions of an approved CQA plan; and 

(D) Vegetation Maintenance — for a final cover utilizing a vegetated 
erosion resistant layer [under 1(a)(3)(A) 1.], a plan for maintaining this 
vegetative cover, including fertilization, irrigation, elimination of spe- 
cies that violate the rooting depth limit [of 1(a)(3)(A) l.d.], replanting, 
and irrigation system maintenance. 

(5) Discharges of Liquids to Covers. 

(A) Leachate and Gas Condensate — The discharge of leachate, gas 
condensate, or other waste liquids to any final-covered portion of an 
MSW landfill is subject to the restricfions under §20200(d). [Note: see 
also 1) definitions of "leachate" and "landfill gas condensate" in 
§20164, and 2) §20705(f), re: daily and intermediate cover] 

(B) Other Liquids — The discharger shall moderate the applicafion rate 
of liquids discharged to the cover for dust control, irrigation of the vege- 
tafive layer, or other non-disposal purpose in a manner that minimizes 
the potential for throughflow to the underlying waste. The RWQCB can 
establish cover throughflow monitoring requirements (e.g., via intennit- 
tent tensionieter measurements of the cover) to ensure compliance with 
this requirement. 

(6) Stability Analysis — For any portions of the final cover installed af- 
ter July 1 8, 1 997 for which the RWQCB has not approved a slope and 
foundation stability report on or before that date, the discharger shall 
meet the requirements of §2 1750(f)(5). 

(b) Grading Requirements. 

(1) Prevent Ponding, Erosion, and Run-On. 

(A) General — The final drainage plan shall be included as part of the 
approved final closure plan for the Unit. In spite of differential settle- 
ment, the final cover of closed landfills (including waste piles and surface 
impoundments closed as landfills) shall be designed, graded, and main- 
tained to prevent ponding and to prevent soil erosion due to high run-off 
velocities. Except as provided in1(b)( 1 )(B), all portions of the final cover 
shall have a slope of at least three percent. [Note: for additional require- 
ments concerning final grading, see §21142.] 

(B) Flatter Areas — The RWQCB can allow portions of the final cover 
to be built with slopes of less than three percent if the discharger proposes 
an effective system for diverting surface drainage from laterally-adjac- 
ent areas and preventing ponding in the allowed flatter portion. Analyses 
submitted in support of such a proposal shall take into account the design 
storm intensity for the Unit [under §20365]. 

(C) Qualified Professional — The final grading design shall be de- 
signed and approved by a registered civil engineer or certified engineer- 
ing geologist to meet the performance standards of 1(b)( 1 )(A and B), tak- 
ing into consideration pertinent natural and constructed topographic 
features (including any related to the proposed post-closure land use), 
and climate. 

(D) Prompt Incremental Closure — This paragraph applies unless the 
RWQCB has approved, as part of the final closure plan, a wailing period 
(for installation of the final cover) not to exceed five years after the date 
a portion of the landfill reaches final elevation, in order to avoid subject- 
ing the final cover to potential damage from the high rate of differential 
settlement that so often occurs during the first few years following the fi- 
nal receipt of waste. To the extent feasible, based on site-specific factors, 
the complete closure, including final grading and installation of the final 
cover, for each portion of the landfill shall be implemented as soon as 
possible after that portion reaches final elevation. [For additional related 
requirements, see f(d), §21110, §21120.] 



Page 646 



Register 97, No. 50; 12-12-97 



Title 27 



Solid Waste 



§ 21099 



(E) CQA — After July 18, 1997. both the initial construction of the fi- 
nal cover and any later repair work that involves the cover's low-hydrau- 
lic-conductivity layer [of f (a)(2)] shall be carried out in accordance with 
an approved CQA plan [see §20323 & §20324]. 

(2) Steeper-Sloped Portions — Areas with slopes greater than ten per- 
cent, areas having surface drainage courses, and areas subject to erosion 
by water or wind shall be protected from erosion or shall be designed and 
constnicted to prevent erosion. 

(3) Precipitation & Drainage Plan^The final closure plan for the Unit 
shall incorporate a precipitation and drainage control plan for the closed 
landfill, and shall meet the requirements of §20365. 

(c) General Post-Closure Duties — Throughout the post-closure 
maintenance period, the discharger shall: 

(1) maintain the structural integrity and effectiveness of all contain- 
ment structures, and maintain the final cover as necessary to correct the 
effects of settlement or other adverse factors; 

(2) continue to operate the leachate collection and removal system as 
long as leachate is generated and detected; 

(3) maintain monitoring systems and monitor the ground water, sur- 
face water, and the unsaturated zone in accordance with applicable re- 
quirements of Article 1, Subchapter 3, Chapter 3. Subdivision 1 (§20380 
el seq.); 

(4) prevent erosion and related damage of the final cover due to drain- 
age; and 

(5) protect and maintain surveyed monuments [installed under 
§20930(d)]. 

(d) Landfill Closure Deadline — For landfill Units subject to the 
CIWMB-promulgated provisions of this division, any closure deadline 
extensions the discharger proposes to the EA (under §21110) shall be ef- 
fective only after concurrence by the RWQCB. 

(e) Final Cover Surveys. This subsection [i.e., through ']](e)(3)] applies 
only to landfills, or portions thereof, that are final-closed after July 18, 
1997. 

( 1 ) Initial Survey and Map — For a closed landfill (including a surface 
impoundments or waste pile closed as a landfill), upon completion of all 
closure activities for the Unit [or portion thereof, pursuant to*I(b)(l )(D)]. 
the discharger shall conduct an aerial photographic survey [or alternative 
survey under'][(e)(3)] of the closed portions of the Unit and of its immedi- 
ate surrounding area, including at least the surveying monuments [of 
§20950(d)]. The data so obtained shall be used to produce [or to augment, 
in the case of incremental closure under f (b)(1)(D)] a topographic map 
of the site at a scale and contour interval sufficient to depict the as-closed 
topography of each portion of the Unit, and to allow the early identifica- 
tion of any differential settlement, pursuant to 1(e)(2). For landfills un- 
dergoing incremental closure [under *][(b)(l)(D)], the survey for each 
closed portion of the landfill shall be carried out immediately following 
completion of closure activities for that portion of the landfill; such data 
shall be used to create or augment a map showing the closure date and 
as-closed topography of each portion of the Unit. The map produced pur- 
suant to this paragraph shall act as a base-line against which to measure 
the total settlement, through time, of all portions of the final cover since 
the date when that landfill, or portion thereof, was closed. Upon comple- 
tion of this topographic map (or, in the case of incremental closure, of 
each revision thereof), the discharger shall submit a copy to the RWQCB, 
the CIWMB, and the EA. 

(2) Five-Yearly Iso-Settlement Map — At least every five years after 
completing closure of the landfill [or of the last remaining portion, for 
landfills undergoing incremental closure under •][(b)(l)(D)], the dis- 
charger shall produce and submit to the RWQCB an iso-settlement map 
accurately depicting the estimated total change in elevadon of each por- 
tion of the final cover's low-hydraulic-conductivity layer. Therefore, 
for each portion of the landfill, this map shall show the total lowering of 
the surface elevation of the final cover, relative to the baseline topograph- 
ic map [of 1(e)(1)], and shall indicate all areas where visually noticeable 
differential settlement [noted under 1(e)(4)] may have been obscured by 
grading operations. The map shall be drawn to the same scale and contour 



interval as the topographic map under 1(e){ 1 ), but showing the current 
topography of the final cover and featuring overprinted isopleths indicat- 
ing the total settlement to-date. The RWQCB shall apply the require- 
ments of this paragraph only to aclosed landfill which the RWQCB finds 
is likely to undergo differential settlement of such magnitude as to impair 
either the Unit's containment features (e.g.. final cover) or the free drain- 
age of surface flow. [Note: The RWQCB's choosing to forego requiring 
iso-settlement mapping for the purpose of water quality protection does 
not preclude the ClWMB/EAfroni requiring such mapping for other pur- 
poses (e.g., structural integrity considerations regarding a building sited 
on lop of the closed landfill): see §21 142(h).} 

(3) Alternative Surveying Techniques — The RWQCB can approve 
the use of any alternative technique (to an aerial survey) for producing 
the maps required by %{c){l & 2), so long as the maps so produced meet 
the performance standards of 1(e)(l & 2). 

(4) Tracking Differential SeUlement — Prior to conducting periodic 
grading operations on the closed landfill [under 1(b)(i)(A)l, the dis- 
charger shall note on a map of the landfill the approximate location and 
outline of any areas where differential settlement is visually obvious. 
Each five-yearly iteration of the iso-settlement map [under1(e)(2)] shall 
show all areas where differential settlement has been noted (under this 
paragraph) since the previous map submittal, and shall highlight areas of 
repeated or severe differential settlement. Map notations and delinea- 
tions made pursuant to this paragraph need not be surveyed, so long as 
all areas where differential settlement was visually identifiable prior to 
regrading can be relocated. Such notation and delineation shall be made 
by, or under the supervision of, a registered civil engineer or registered 
geologist. 

(f) Optional Clean-Closure — Notwithstanding any other SWRCB- 
promulgated closure or post-closure maintenance requirement in this 
subdivision, a discharger proposing to clean-close a landfill shall submit 
a clean-closure plan meeting the requirements of this subsection. [Note: 
see also CIWMB 's additional landfill clean-closure requirements under 
§2]810.]The purpose of clean-closure is to render the landfill (including 
all surrounding environs contaminated by waste released from the land- 
fill) no longer capable of posing a threat to water quality. The purpose of 
a clean-closure plan is to propose a series of actions, including an accu- 
rate estimate of the cost of each such action, that will meet the require- 
ments of this paragraph. Upon the RWQCB's finding that the discharger 
has successfully completed clean -closure under this paragraph, the land- 
fill shall no longer be subject to the SWRCB-promulgated requirements 
of this Utle. Nevertheless, if the RWQCB finds that the discharger's at- 
tempt to clean-close the landfill does not meet the requirements of this 
subsection, the discharger shall close the landfill and carry out post-clo- 
sure maintenance in the same manner as though the discharger had not 
attempted clean-closure. For the purpose of this paragraph, the discharg- 
er shall have successfully clean^losed a landfill only if: 

(1 ) all waste materials, contaminated components of the containment 
system, and affected geologic materials — including soils and rock be- 
neath and surrounding the Unit, and ground water polluted by a release 
from the Unit — are either removed and discharged to an appropriate Unit 
or treated to the extent that the RWQCB finds they no longer pose a threat 
to water quality; and 

(2) all remaining containment features are inspected for contamination 

and, if contaminated, discharged in accordance with 1(f)( I ). 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172, 
Water Code; and Section 43103, Public Resources Code. 

History 
1. New article 2 (sections 21090-21200) and section filed 6-18-97; operative 
7-18-97 (Register 97, No. 25). 

§ 21 099. CIWMB— Purpose, (new) 

(a) For purposes of the CIWMB promulgated sections of this article, 
"closed" refers to the status of a disposal site that either 1 ) has received 
a closure certification pursuant to §21880, or 2) has, on or before Novem- 
ber 1 8, 1 990, completed all closure activities required pursuant to regula- 
tions in effect at the time of the last receipt of waste. 



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(b) For purposes of the CIWMB promulgated sections of this article, 
"closing" means the period that commences when implementation of an 
approved final closure or partial final closure plan begins, and that ends 
when implementation of an approved final closure or partial final closure 
plan is complete. 

NOTE: Authority cited: Sections 40502. 43020, 43021 and 43509, Public Re- 
sources Code. Reference: Sections 43020, 43021, 43103 and 43509. Public Re- 
sources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21100. CIWMB— Scope and Applicability, (T14:§17760) 

(a) This article sets forth the performance standards and the minimum 
substantive requirements for proper closure, postclosure maintenance 
and ultimate reuse of disposal sites. The EA may require the operator or 
owner to address site-specific conditions as part of the solid waste facil- 
ity permit or any plan needed for closure of the site to ensure that public 
health and safety and the environment are protected. [For water quality 
aspects of closure and/or postclosure maintenance, refer to require- 
ments set forth in §20950.] 

(b) The regulations contained in this article apply to: 

(1) disposal sites that did not complete closure prior to November 18. 
1990, in accordance with all applicable requirements; and 

(2) new postclosure activities that may jeopardize the integrity of pre- 
viously closed disposal sites or pose a potential threat to public health and 
safety or the environment. 

(c) All closure plans submitted after the effective date of the regula- 
tions shall conform to the regulations in this article. Closure plans sub- 
mitted prior to the effective date of this article that have been deemed 
complete and for which detailed comments have been supplied by the 
CIWMB and theEA within 1 2 months of the original submittal date shall 
not need to be resubmitted. Closure plans submitted prior to the effective 
date of this article that have been deemed complete but for which detailed 
comments have not yet been supplied by the CIWMB and the EA may 
not need to be resubmitted. 

(d) Closed sites for which closure plans were not approved pursuant 
to §20164 or §21099, and illegal or abandoned disposal sites which pose 
a threat to public health and safety or the environment shall implement 
the provisions of these regulations as required by the EA. 

(e) [Reserved] 

(f) The EA shall apply these regulations to non-MSWLF units, except 
for disposal sites that have received household or commercial wastes, 
only as necessary to protect public health and safety, until such time as 
those non-MSWLF units or disposal sites have been placed into the regu- 
latory tier structure set forth in Subchapter 2 of Chapter 4 (§21 460 et seq.) 
The EA shall implement these regulations in coordination with RWQCB 
or other agencies as applicable. 

[Note: Subsection (e) (reserved) has been added to address closure of 
disposal sites which have been or will be slotted by the Board into regula- 
tory tiers (e.g. non-MSWLF construction and demolition landfills and 
monofills for ash and contaminated soils).] 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021 and 43103, 
Public Resources Code, and Section 66796.22(d), Government Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21110. CIWMB— Time Frames for Closure. (T14:§17763, 
parts of §17258.60 and 17258.61) 

(a) Within thirty (30) days of receipt of the final shipment of waste to 
a discrete unit or if the entire disposal site has reached permitted capacity, 
the operator shall begin implementation of the closure schedule as speci- 
fied in the approved closure plan. 

(b)(l ) If a solid waste landfill that has remaining permitted capacity is 
inactive for 12 consecutive months, the operator shall begin closure acti- 
vities in accordance with the time frames specified in the closure plan un- 
less granted an extension pursuant to •|(b)(3). 



(2) If the average annual waste disposal rate to a solid waste landfill 
is reduced for two consecutive years to a rate equal to or less than thirty 
(30) percent of the average annual tonnage rate during the previous ten 
years (exclusive of the minimum and maximum tonnage years), the oper- 
ator shall begin closure activities in accordance with the lime frames spe- 
cified in the closure plan unless granted an extension pursuant to^(b)(3). 

(3) Extensions beyond the deadline for beginning closure may be ap- 
proved by the EA, for up to five years at a time, if all of the following 
conditions are met: 

(A) The operator demonstrates that the landfill has the capacity to re- 
ceive additional wastes and is likely to receive additional wastes; 

(B) The operator demonstrates that the reduction in disposal tonnage 
is for a purpose other than the avoidance or delay of closure; 

(C) The operator has taken and will continue to take the steps neces- 
sary to prevent threats to public health and safety and the environment 
from the unclosed landfill; 

(D) CIWMB concurs with the EA-approved extension. 

(4)(A) The operator applying for an extension shall apply for a closure 
timeline extension at least 1 20 days prior to the anticipated date that the 
landfill waste flow rate will meet the hmits specified in 1(b)( 1 ) or 1(b)(2) 
above. 

(B) Should the landfill waste flow rate unexpectedly meet the limits 
specified in *l(b)( 1 ) or 1(b)(2) above, the operator shall apply for a closure 
timeline extension within 60 days of the date that the landfill waste flow 
rate meets the limits specified in 1(b)(1) or 1(b)(2) above. 

(C) The application shall include, at a minimum, information that 
demonstrates compliance with the criteria in 1(b)(3) and shall contain 
any additional information required by the EA. 

(5)(A) The EA shall act upon the time extension request by approving, 
denying, or requesting additional information within 60 days of receipt 
of the application. If the EA does not act upon the request within 60 days, 
the request will be deemed to have been approved. 

(B) The CIWMB shall act upon the time extension request by concur- 
ring, denying, or requesting additional information within 60 days of 
written notification of the EA's approval. If the CIWMB does not act 
upon the request within 60 days, the request will deemed to have been 
concurred with. 

(C) If the EA or CIWMB denies an extension request, such denial shall 
be based on a written finding that: 

(i) One or more of the conditions in §21 11 0(b)(3) have not been met; 
or 

(ii) Approval of the extension request would result in significant ad- 
verse impacts to public health and safety or the environment in con- 
travention of the CIWMB's statutes and regulations. 

(6) Within 30 days of receiving a closure timeline extension, the opera- 
tor shall submit an application for permit review, pursuant to §21640, to 
the EA. If the EA determines that a revised SWFP is required, the revised 
SWFP may include addiuonal and/or revised conditions requiring, but 
not limited to, partial closure, enhanced intermediate cover, or other op- 
erational conditions based on the reduced waste flow rate and in consid- 
eration of the need for additional environmental protecfions beyond the 
existing permit condifions. 

(7) If a time extension is not approved, the operator shall begin imple- 
mentation of closure schedule as specified in the approved closure plan 
within 30 days following receipt of the decision of the EA or CIWMB. 

(8) An operator of a landfill which meets the waste flow levels speci- 
fied in 1(b)( 1 ) and 1(b)(2) does not need to request an extension from clo- 
sure provided both of the following conditions are met: 

(A) The operator submits a final closure and postclosure maintenance 
plan within six (6) months of the effective date of the regulation and 

(B) The operator permanently ceases accepting waste at the landfill 
within two (2) years of the effective date of the regulation. 

(9) Subsections (b)(l)-(8) apply to the entire solid waste landfill and 
not to individual discrete units. 

(c) Closure acfivities shall adhere to the time frames specified in the 
approved closure plan. 



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§21135 



(d) In the event that the time tranies for completion of specific activi- 
ties cannot be adhered to due to adverse weather or other factors not in 
the control of the operator, then the time frames may be lengthened based 
upon those specific factors. 

( 1 ) The operator shall notify the EA of any change in schedule due to 
adverse weather or other factors not in their control. The notification 
shall be made as soon as the operator becomes aware of a needed change. 

(2) The EA may deny the change requested pursuant to 1(d)(l ) if the 
factors justifying the change are in the control of the operator. 

(e) The owner or operator of a solid waste landfill must complete clo- 
sure activities in accordance with the approved closure plan within 180 
days following the beginning of closure. Extensions of the closure period 
may be granted by the EA and concurred by the CIWMB and RWQCB 
if the owner or operator demonstrates that closure will, of necessity, take 
longer than 1 80 days and the owner or operator has taken and will contin- 
ue to take all steps to prevent threats to human health and safety and the 
environment from the unclosed solid waste landfill. Timeline extensions 
will generally be approved through the approval of the closure and post- 
closure maintenance plans. 

NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 667%.22(d). Government Code. Reference: Sections 43021. 4.3103 and 
44004. Public Resources Code; and Sections 66796.22(d) and 66796.22(g), Gov- 
ernment Code. 

History 

1 . New section filed 6-1 8-97; operative 7-18-97 (Register 97, No. 25). 

2. New subsections (b)(l)-(b)(9), subsection relettering, amendment of newly 
designated subsections (d)(2) and (e) and amendment of Note filed 2-25-2003; 
operative 2-25-2003 pursuant to Government Code section 1 1 343.4 (Register 
2003, No. 9). 

§ 21 1 20. CIWMB— Partial Final Closure. (11 4:§1 7764) 

(a) The operator shall to the extent feasible, based on site-specific fac- 
tors, implement partial and/or partial final closure activities as the site op- 
eration progresses, consistent with the closure of the entire site. 

(b) Partial closure may be accomplished by implementing one or a 
combination of individual closure activities pursuant to CIWMB and 
SWRCB requirements including, but not limited to: placement of final 
cover, final grading, drainage control, revegetation, and installation of 
environmental monitoring and/or control systems (all of the foregoing) 
consistent with the approved closure and postclosure maintenance plan. 

(c) Partial final closure may be accompHshed by closing discrete units 
in a manner consistent with the approved closure and postclosure mainte- 
nance plan. 

(d) The approval and implementation of any closure plan for a portion 
of the landfill shall be subject to the same process and time frames as for 
the approval and implementation of a closure and postclosure mainte- 
nance plan for the entire landfill (see §21 1 10 and §21860). 

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021 and 43103, 
Public Resources Code: and Sections 66796.22(d) and 66796.22(g), Government 
Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 1 25. CIWMB— Clean Closure. [Reserved] 

§ 21 1 30. CIWMB— Emergency Response. (T1 4:§1 7766) 

Water quality protection aspects for emergency response plan are ad- 
dressed in §21 132. 

(a) The operator shall maintain a written postclosure emergency re- 
sponse plan at the facility or at an alternate location as approved by the 
EA. The emergency response plan must identify occurrences that may 
exceed the design of the site and endanger public health or the environ- 
ment. The plan shall describe specific procedures that minimize these 
hazards to protect public health and safety. The events that the plan shall 
address include, but are not Umited to: vandalism, fires, explosions, 
earthquakes, floods, the collapse or failure of artificial or natural dikes, 
levees or dams; surface drainage problems; and other waste releases. 

(b) The emergency response plan shall contain the following: 



(1 ) identification of events which could require the implementation of 
emergency response actions. This section shall not apply to the gas moni- 
toring provisions; 

(2) a description of the actions to be taken, and the sequence and imple- 
mentation timetable needed to mitigate the conditions; and 

(3) a statement regarding the general availability of equipment re- 
quired to mitigate each type of emergency. 

(c) The operator shall amend the emergency response plan under the 
following conditions: 

( 1 ) whenever a failure or release occurs for which the plan did not pro- 
vide an adequate response; 

(2) when the postclosure land use and/or structures on the site change 
and these changes are not addressed in the existing plan; or 

(3) if the EA notifies the operator in writing that the current emergency 
response plan is inadequate under the provisions of this section. The noti- 
fying agency shall include within the written notice the items the plan 
needs to consider for it to comply with this section. The operator shall 
submit an amended emergency response plan to the EA within thirty (30) 
days of notification of an inadequacy. 

(d) Whenever the operator amends the emergency response plan pur- 
suant to 1(c)(l or 2). the operator shall submit a written copy of the 
amended plan to the EA. 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021 and 43103, 
Public Resources Code; and Sections 66796.22(d) and 66796.22(g), Government 
Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21132. SWRCB— Landfill Emergency Response Plan 
Review, (new) 

(a) Review & Notification — Pot landfills, the RWQCB shall review 
the emergency response plan, in coordination with the Enforcement 
Agency (EA), to assure that no proposed response to a foreseeable emer- 
gency will result in a threat, or increased threat, to beneficial uses of wa- 
ters of the state. 

(b) Submittal — For landfills for which the CIWMB requires an emer- 
gency response plan {e.g., pursuant to §21130), the discharger shall sub- 
mit a copy of that plan, including any proposed amendments thereto, to 
the RWQCB. For landfills having an existing emergency response plan 
that has already been reviewed by the RWQCB, the discharger need not 
resubmit the plan for review by the RWQCB until such fime as the plan 
is amended. For landfills having an exisfing emergency response plan 
(i.e., approved by the EA) that has not as yet been reviewed by the 
RWQCB, the discharger shall submit a current copy of the plan for 
RWQCB review prior to July 18, 1998. For proposed emergency re- 
sponse plans (including proposed amendments to an existing plan), this 
submittal shall occur at the same time as the discharger submits the pro- 
posed plan to the EA. 

(c) Coordinate On New Response — In the event that the discharger 
proposes to respond to an emergency in a manner other than specified in 
the emergency response plan, the RWQCB shall coordinate with the EA 
to assure that the proposed response does not pose a threat to water quali- 
ty- 

NOTE: Authority cited: Secfion 1058, Water Code. Reference: Secfions 13172, 
13226, 13227, 13263, 13267, Water Code; and Section 43103, Public Resources 
Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 1 35. CIWMB— Site Security. (T1 4:§1 7767) 

(a) Sign(s) shall be posted at all points of access to a site sixty (60) days 
prior to the last receipt of waste at the site and for a period of not less than 
one hundred eighty (180) days after the facility has received the final 
shipment of waste stating the intended date of last receipt of waste at the 
site and the location of alternative permitted solid waste management fa- 
cilities. A notice shall be placed in a local newspaper(s) thirty (30) days 
prior to the last receipt of waste which includes the intended date of the 



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last receipt of waste at the site and the location of alternative solid waste 
management facilities. 

(b) Sites which do not allow public disposal and which have not al- 
lowed public access to the site for more than one year prior to cessation 
of acceptance of waste, or are undertaking partial final closure pursuant 
to §21 120, shall be exempt from the provisions of this section. 

(c) The EA may require more signs, signs written in additional lan- 
guages, larger signs, or signs of clearer design, if necessary to protect 
public health and safety. 

(d) The EA may grant variances from the sign provisions of this sec- 
tion after receiving a written request by the operator. 

(e) Sedimentation and detention basins shall be secured and main- 
tained during the closure and postclosure maintenance period to prevent 
unauthorized access. 

(f) The operator shall ensure that all points of access to the site are re- 
stricted to protect public health and safety as of the date the final shipment 
of waste is received. Components of any monitoring, control or recovery 
systems at the site shall be protected from access other than that allowed 
in accordance with the approved closure and postclosure maintenance 
plans. 

(g) Once closure activities are complete, site access by the public may 
be allowed in accordance with the postclosure maintenance plan, as ap- 
proved by the EA. 

NOTE; Authority cited: Sections 40502 and 43020. Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Gov- 
ernment Code; and Sections 43103 and 44100, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21137. CIWMB— Structure Removal. (T14:§17771) 

(a) the operator shall dismantle and remove site structures at the time 
of closure to protect public health and safety in accordance with the im- 
plementation schedule of the approved final closure plan. 

(b) The operator shall ensure that structures and components of landfill 
gas and leachate control systems not intended for reuse that have come 
into contact with leachate or landfill gas. and that are dismantled at the 
time of closure or during the postclosure period are: 

(1) disposed of within the landfill, in accordance with the approved fi- 
nal closure plan; or 

(2) transported to another solid waste facility which is approved for re- 
ceipt of such materials. Transportation and disposal should be accom- 
plished in a manner to protect public health and safety. 

NOTE: Authority cited: Sections 40504 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021 and 43103, 
Public Resources; and Section 66796.22(d), Government Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21140. CIWMB— Final Cover. (T14:§17773) 

(a) The final cover shall function with minimum maintenance and pro- 
vide waste containment to protect public health and safety by controlling 
at a minimum, vectors, fire, odor, litter and landfill gas migration. The 
final cover shall also be compatible with postclosure land use. 

(b) In proposing a final cover design meeting the requirements under 
§21 090, the owner or operator shall assure that the proposal meets the re- 
quirements of this section. AltemaUve final cover designs shall meet the 
performance requirements of 1(a) and, for MSWLF units, 40 CFR 
258.60(b); shall be approved by the enforcement agency for aspects of 
Ka). 

(c)The EA may require additional thickness, quality, and type of final 
cover depending on, but not limited to the following: 
(i) a need to control landfill gas emissions and fires; 

(2) the future reuse of the site; and 

(3) provide access to all areas of the site as needed for inspection of 

monitoring and control facilities, etc. 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021 and 43103, 
Public Resources Code; and Section 66796.22(d), Government Code. 



History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending section heading filed 6-21-2002 
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2002, 

No. 25). 

§ 21142. CIWMB— Final Grading. (T14:§17776, 17777) 

(a) Final grades must be designed and maintained to reduce impacts 
to health and safety and take into consideration any postclosure land use. 
[Note: for final grading requirements concerning water quality prolec- 
tion, see seclion §21090(1?).] 

(b) Sub.sequent to the creation and submittal of the initial postclosure 
topographic map, pursuant to §21 090(e)(1), the EA shall require the 
owner and/or operator to produce five- yearly iso settlement maps meet- 
ing the requirements of §21090(e)(2)and(3) only if: 

( 1 ) the RWQCB does not require such maps (for the purpose of water 
quality protection at the landfill); and 

(2) the EA finds that such maps are needed for reasons other than water 
quality protection. 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021, 43103 and 
44100, Public Resources Code; and Section 66796.22(d), Government Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21145. CIWMB— Slope Stability. (T14:§17777) 

(a) The operator shall ensure the integrity of final slopes under both 
static and dynamic conditions to protect public health and safety and pre- 
vent damage to postclosure land uses, roads, structures, utilities, gas 
monitoring and control systems, leachate collection and control systems 
to prevent public contact with leachate, and prevent exposure of waste. 
Slope stability analyses shall be conducted and reported pursuant to the 
requirements of Division 2, Subdivision 1, Chapter 4, Subchapter?, Ar- 
ticle 4 Section 21750(1X5). 

(b) Tlie operator shall notify the EA, CIWMB, and RWQCB in the 
event of any slope failure. 

NOTE: Authoritv cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021, 43103 and 
44100. Public Resources Code; and Section 66796.22(d), Government Code. 

History 
1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 21 1 50. CIWMB— Drainage and Erosion Control. 
(T14:§17778& §17779) 

[Water quality protection aspects for drainage and erosion control 
are addressed in §20365 and §21090, and in Table 4. 1 {in Article 4, Sub- 
chapter 2, Chapter 3 of this subdivision).] 

(a) The drainage and erosion control system shall be designed and 
maintained to ensure integrity of postclosure land uses, roads, and struc- 
tures; to prevent public contact with waste and leachate; to ensure integri- 
ty of gas monitoring and control systems; to prevent safety hazards; and 
to prevent exposure of waste. 

(b) In cases where the design precipitation event in Table 4. 1 , Article 
4. Subchapter 2 of Chapter 3, is not adequate for the protection of public 
health and safety, the EA, in consultation with the RWQCB, may require 
the implementation of a more stringent design. 

(c) Slopes not underlain by waste shall be stabilized to prevent soil ero- 
sion. Methods used to protect slopes and control erosion shall include, 
but are not limited to, terracing, contour furrows, and trenches. 
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021 and 43103, 
Public Resources Code; and Section 66796.22(d), Government Code. 

History 

1 . New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 21 1 60. CIWMB— Landfill Gas Control and Leachate 
Contact. (11 4:§1 7781 , 1 7783) 

(a) The operator shall implement and maintain landfill gas control and 
prevent leachate contact with the public or animals according to the re- 
quirements of this secfion. 



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(b) Gas monitoring and control shall be conducted during the closure 
and postclosure maintenance period pursuant to Article 6. Subchapter 4 
of this chapter. 

(c) During the ciosure/postclosure maintenance period, the owner/op- 
erator shall ensure that leachate collection and control is done in a manner 
which prevents public contact and controls vectors, nuisance and odors. 

(d) In designing the LCRS to meet the requirements under §20340, the 
owner/operator shall also assure that the LCRS neither: 

( 1 ) interferes with landfill gas control: nor 

(2) promotes landfill gas migration. 

NOTl-: Authonty cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Gov- 
ernment Code; and Sections 4310.3 and 44100, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 1 70. CIWMB— Recording. (T1 4:§1 7787) 

(a) The owner or operator, upon completion of closure of the site, shall 
file a detailed description of the closed site, including a map, with the Re- 
corder of the County in which the site is located, with the EA and with 
the local agency that has been selected to maintain the county integrated 
waste management plan. The site description, upon completion of clo- 
sure of the site, shall include but not be limited to the following: 

( 1 ) the dale that closure was completed; 

(2) the boundaries including height and depths of the filled area. If the 
site was closed in increments, the boundaries of each waste management 
unit: 

(3) the location where the closure and postclosure plans can be ob- 
tained; and 

(4) a statement that the future site use is restricted in accordance with 
the postclosure maintenance plan. 

NOTE; Authority cited: Sections 40502 and 4.3020, Public Resources Code; and 
Section 66796.2'2(d), Government Code. Reference: Sections 43103 and 44100, 
Public Resources: and Section 66796.22(d), Goveminent Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 1 80. CIWMB— Postclosure Maintenance. (T1 4:§1 7788) 

[Water qualiw protection aspects for postclosure maintenance are ad- 
dressed in §21090.] 

(a) Postclosure maintenance for the purposes of reducing impacts to 
health and safety, shall be conducted to ensure the integrity of the final 
cover and environmental control systems. The landfill shall be main- 
tained and monitored for a period of not less than thirty (30) years after 
the completion of closure of the entire solid waste landfill. Any areas in 
which final cover is placed prior to the closure of the entire landfill shall 
be maintained in accordance with an approved postclosure maintenance 
plan, but the thirty (30) year monitoring period shall not commence until 
closure of the entire landfill is complete. Maintenance and monitoring 
shall include, but not be limited to the following: 

( 1 ) site security; 

(2) gas monitoring and control system maintenance as specified in the 
final closure and postclosure maintenance plans. 

(b) If nonliquid waste is exposed during postclosure maintenance acti- 
vities at a solid waste landfill, the waste may be returned to that landfill 
provided that the integrity of the final cover is maintained. 

(c) The operator shall provide to the CIWMB and the EA copies of the 
maps and reports provided to the RWQCB pursuant to §21090(e)(2) de- 
scribing the amount of differential settlement. 

NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796(d), Government Code. Reference: Sections 43021 and 43103, Pub- 
lic Resources Code; and Section 66796.22(d), Government Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 1 90. CIWMB— Postclosure Land Use. (T1 4:§1 7796) 

(a) Proposed postclosure land uses shall be designed and maintained 
to: 



(1 ) protect public health and safety and prevent damage to structures, 
roads, utilities and gas monitoring and control systems; 

(2) prevent public contact with waste, landfill gas and leachate: and 

(3) prevent landfill gas explosions. 

(b) The site design shall consider one or more proposed uses of the site 
toward which the operator will direct its efforts, or shall show develop- 
ment as open space, graded to harmonize with the setting and landscaped 
with naUve shrubbery or low maintenance ground cover. 

(c) All proposed postclosure land uses, other than non-irrigated open 
space, on sites i triple menting closure or on closed sites shall be submitted 
to the EA. RWQCB. local air district and local land use agency. The EA 
shall review and approve proposed postclosure land uses if the project in- 
volves structures within 1 .000 feet of the disposal area, structures on lop 
of waste, tnodification of the low permeability layer, or irrigation over 
waste. 

(d) Construction on the site shall maintain the integrity of the final cov- 
er, drainage and erosion control systems, and gas monitoring and control 
systems. The owner or operator shall demonstrate to the satisfaction of 
the EA that the activities will not pose a threat to public health and safety 
and the environment. Any proposed modification or replacement of the 
lowpermeability layer of the final cover shall begin upon approval by the 
EA. and the RWQCB. 

(e) Construction of structural improvements on top of landfilled areas 
during the postclosure period shall meet the following conditions: 

(1) automatic methane gas sensors, designed to trigger an audible 
alarm when methane concentrations are detected, shall be installed in all 
buildings; 

(2) enclosed basement construction is prohibited; 

(3) buildings shall be constructed to mitigate the effects of gas accu- 
mulation, which may include an active gas collection or passive vent ,sy,s- 
tems; 

(4) buildings and udhties shall be constructed to mitigate the effects 
of differential settlement. All utility connections shall be designed with 
flexible connections and utility collars; 

(5) ufihfies shall not be installed in or below any low permeability lay- 
er of final cover; 

(6) pilings shall not be installed in or through any bottom liner unless 
approved by the RWQCB; 

(7) if pilings are installed in or through the low permeability layer o\' 
final cover, then the low permeability layer must be replaced or repaired; 
and 

(8) periodic methane gas monitoring shall be conducted inside all 
buildings and underground utilities in accordance with §20933 of Article 
6. of Subchapter 4 of this Chapter. 

(f) The EA may require that an additional soil layer or building pad be 
placed on the final cover prior to construction to protect the integrity and 
function of the various layers of final cover. 

(g) All on-site construction within 1.000 feet of the boundary of any 
disposal area shall be designed and constructed in accordance with the 
following, or in accordance with an equivalent design which will prevent 
gas migration into the building, unless an exemption has been issued: 

(1) a geomembrane or equivalent system with low permeability to 
landfill gas shall be installed between the concrete floor slab of the build- 
ing and subgrade; 

(2) a permeable layer of open graded material of clean aggregate with 
a minimum thickness of 12 inches shall be installed between the geo- 
membrane and the subgrade or slab; 

(3) a geotextile filter shall be ufilized to prevent the introduction of 
fines into the permeable layer; 

(4) perforated venfing pipes shall be installed within the permeable 
layer, and shall be designed to operate without clogging; 

(5) the venting pipe shall be constructed with the ability to be con- 
nected to an induced draft exhaust system; 

(6) automatic methane gas sensors shall be installed within the perme- 
able gas layer, and inside the building to trigger an audible alarm when 
methane gas concentrations are detected; and 



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$ 21194 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(7) periodic methane gas monitoring siiali be conducted inside all 
buildings and underground utilities in accordance with Article 6, of Sub- 
chapter 4 of this chapter (§20920 et seq.). 

Note. Authority cited: Sections 40502 and 43020, Public Resources Code: and 
Section 66796.22(d). Government Code. Reference: Sections 43021, 43103 and 
44105, Public Resources Code: and Section 66796.22(d), Government Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97. No. 25). 

§ 21 1 94. [Reserved by SWRCB] 

§ 21 200. CIWMB— Change of Ownership During Closure or 
Postclosure Maintenance. (T14:§17792) 

(a) Before the title to a disposal site is transferred to another person 
during closure or postclosure maintenance, the new owner shall be noti- 
fied by the previous owner or his agent of the existence of these standards 
and of the conditions and agreements assigned to assure compliance. 

(b) The previous owner shall notify the EA of the change in title within 
thirty (30) days and shall provide the name, firm, mailing address, and 
telephone number of the new owner. 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and 
Section 66796.22(d), Government Code. Reference: Sections 43021. 43103 and 
44005, Public Resources Code; and Section 66796.22(d), Government Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Article 3. SWRCB— Closure Standards for 
Units Other Than Landfills 



§ 21 400. SWRCB— Closure Requirements for Surface 
Impoundments. (CI 5: §2582) 

(a) Remove Free Liquids — All free liquid remaining in a surface im- 
poundment at the time of closure shall be removed and discharged at an 
approved waste management unit (Unit). All residual liquid shall be 
treated to eliminate free liquid. 

(b) Options — Following removal and treatment of liquid waste, im- 
poundments shall be closed in one of two ways, as approved by the 
RWQCB. 

(1) Mandatory Clean-Closure Attempt — Unless the discharger dein- 
onstrates, and the RWQCB finds, that it is infeasible to attempt clean- 
closure of the impoundment, then all residual wastes, including sludges, 
precipitates, settled solids, and liner materials contaminated by wastes, 
shall be completely removed from the impoundment and discharged to 
an approved Unit. Remaining containment features shall be inspected for 
contamination and, if not contaminated, can be dismantled. Any natural 
geologic materials beneath or adjacent to the closed impoundment that 
have been contaminated shall be removed for disposal at an appropriate 
Unit. For surface impoundments that are successfully clean-closed, as 
herein described, the RWQCB shall declare the Unit no longer subject to 
the SWRCB-promulgated requirements of this title. If, after reasonable 
attempts to remove such contaminated materials, the discharger demon- 
strates that removal of all remaining contamination is infeasible, the sur- 
face impoundment shall be closed as a landfill or land treatment unit, as 
appropriate, pursuant to 'J(b)(2). 

(2) Fallback Closure Options — In cases where clean-closure [under 
l(b)( 1)] is infeasible, the discharger shall propose for RWQCB approval 
either: 

(A) Closure As a Landfill — that all residual wastes, including sludges, 
precipitates, settled solids, and liner materials, shall be compacted, and 
the Unit shall be closed as a landfill pursuant to §21090, provided that the 
closed Unit meets applicable standards for landfill Units in Articles 3 and 
4 of Subchapter 2, Chapter 3, Subdivision 1 of this division (§20240 et 
seq.). and further provided that the moisture content of residual wastes, 
including sludges, does not exceed the moisture-holding capacity of the 
waste either before or after closure; or 



(B) Closure As an LTU — for surface impoundments which contain 

only decomposable wastes at closure, that the Unit be closed as a land 

treatment unit under §21420(a)(2 - 4). 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172, 
Water Code: and Section 43103, Public Resources Code. 

^ History 

1. New article 3 (sections 21400-21420) and section filed 6-18-97; operative 

7-18-97 (Register 97, No. 25). 

§ 21 41 0. SWRCB— Closure Requirements for Waste Piles. 
(CI 5: §2583) 

(a) Options — Waste piles shall be closed in one of two ways, as ap- 
proved by the RWQCB. 

( 1 ) Mandatory Clean-Closure Attempt — Unless the discharger dem- 
onstrates, and the RWQCB finds, that it is infeasible to attempt clean- 
closure of the waste pile, then all waste materials and any components of 
the containment system which are contaminated by wastes shall be re- 
moved from the waste pile and discharged to an appropriate Unit. Re- 
maining containment features shall be inspected for contamination and, 
if not contaminated, can be dismantled. Any soil or other materials be- 
neath the closed waste pile that have been contaminated shall be removed 
for disposal at an appropriate Unit. If, after reasonable attempts to 
achieve clean-closure (as herein described), the discharger demonstrates 
that removal of all remaining contamination is infeasible, then the re- 
maining portions of the waste pile (including all contaminated portions 
of the underlying and surrounding geologic materials) shall be closed as 
a landfill pursuant to 1(a)(2) and §21090. 

(2) Fallback Options — In cases where clean-closure [under1(a)(l )] is 
infeasible, the discharger shall propose for RWQCB approval either of 
the following options, as appropriate. 

(A) Closure As a Landfill — A waste pile can be compacted, covered, 
and closed as a landfill §21090, provided that the discharger has met the 
requirements of *l[(a)(l), and further provided that the closed Unit either 
meets apphcable standards for landfill Units in Articles 3 and 4 of Sub- 
chapter 2, Chapter 3, Subdivision 1 of this division (§20240 et seq.), or 
contains only dry waste and was not required to have a leachate collection 
and removal system under §20340(a). 

(B) Closure As an LTU — Waste piles which contain only decompos- 
able wastes may be closed as a land treatment unit under §21420(a)(2 - 
4). 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172, 
Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21420. SWRCB— Closure Requirements for Land 
Treatment Units (LTUs). (CI 5: §2584) 

(a) During the closure and post-closure period, the discharger shall: 

(1) continue all operations necessary to maximize degradation, trans- 
formation, or immobilization of waste constituents within the treatment 
zone; 

(2) continue all ground water and unsaturated zone monitoring in com- 
pliance with Article 1, Subchapter 3, Chapter 3, Subdivision 1 of this di- 
vision (§20380 et seq); 

(3) continue all operations in the treatment zone to prevent runoff of 
waste constituents; and 

(4) maintain the precipitation and drainage control systems. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172, 
Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Article 4. Standards for Composting 
Facilities [Reserved] 

§ 21430. CIWMB— Compost Facility Closure 
Requirements. [Reserved] 



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Title 27 



Solid Waste 



§ 21565 



Chapter 4. Documentation and Reporting 

for Regulatory Tiers, Permits, WDRs, and 

Plans 



Subchapter 1 . CIWMB— General 

§ 21440. Purpose, {non-regulatory) [Reserved] 

§ 21450. CIWMB — Scope/Applicability/Coordination. 
(T14:§18200) 

(a) The CIWMB-promulgated sections of this chapter set forth the 
method of application for a Sohd Waste Facihty Permit (SWFP) and pro- 
cedures for review and action on the application package. Also dealt with 
in this chapter are related matters of application for permits, reinstate- 
ment of permits after disciplinary actions, periodic revision of permits, 
exemptions from the application and permit requirements, and updating 
of certain application information. Related matters of modification, sus- 
pension, or revocation of permits upon investigation by the EA are in- 
cluded in PRC §44001 et seq. and §44300 et. seq. 

(b) Pursuant to §20005 the EA shall coordinate all permitting aspects 
for disposal sites, including review of the JTD, with the RWQCB as ap- 
propriate. 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43020, 43021, and 43000-45802, Public Resources Code. 

History 
1 . New chapter 4, subchapter 1 (section 21450) and section filed 6-18-97; opera- 
tive 7-18-97 (Register 97. No. 25). 



Subchapter 2. CIWMB— Regulatory Tiers 
[§21460-§21560 Reserved by CIWMB] 

Subchapter 3. Development of Waste 

Discharge Requirements (WDRs) and Solid 

Waste Facility Permits 

Article 1. General 

§ 21 563. CIWMB— Scope. (T1 4:§1 8200, §1 8200.1 ) 

(a) This Subchapter sets forth the method of application for a full solid 
waste facilities permit and procedures for review and action on the appli- 
cation package. This Subchapter also addresses related matters of ex- 
emptions from the solid waste facilities permit requirements, application 
for changes in design or operation, reinstatement of solid waste facilities 
permits after disciplinary actions, periodic reviews and revisions of solid 
waste facilities permits, and amending application information. Matters 
related to EA actions to amend, suspend or revoke solid waste facilities 
permits are included in Article 2, Chapter 5. 

(b) The provisions of this Subchapter shall apply to solid waste facili- 
ties or disposal sites and any other operations requiring a full solid waste 
facilities permit pursuant to this Division. Specific provisions of this 
Subchapter outlining the different responsibilities of the appHcant, EA 
and the CIWMB may be found below as follows: 

(1) Exemption from a solid waste facilities permit Article 1. 

(2) Applicant Requirements Article 2. 

(3) EA Requirements Article 3. 

(4) CIWMB Requirements Article 3. 1 . 

(c) Except as otherwise noted, for purposes of this chapter only, "facil- 
ity" means solid waste facility, disposal site or any other operation re- 
quiring a full solid waste facilities permit pursuant to this division. 

(d) For purposes of these articles (Articles 1-3.1), the following defi- 
nitions apply: 

(1) "Complete" means all requirements placed upon the operation of 
the solid waste facility by statute, regulation, and other agencies with ju- 
risdiction have been addressed in the application package. 



(2) "Correct" means all information provided by the applicant regard- 
ing the solid waste facility must be accurate, exact, and must fully de- 
scribe the parameters of the solid waste facility. 

(3) "Application Filing" means the enforcement agency has deter- 
mined the application package is complete and correct and the statutory 
time limit contained in Public Resources Code §44008 commences. 

(4) "Informational Meeting" means a meeting where the public is in- 
vited to hear and comment on the preliminary determination of the action 
to be taken by the EA on an accepted application package. The meeting 
is strictly informational and no official decision is made at the meeting 
regarding the formal determination on the solid waste facilities permit 
application. EA-conducted Informational Meetings fulfill the require- 
ments set forth in Public Resources Code §44004 related to holding a 
"pubhc hearing", unless the EA substitutes another meeting/hearing that 
meets the provisions in §21660.4. The definition used herein, does not 
apply to public hearings, or hearings before hearing panels or hearing of- 
ficers set forth in Public Resources Code §44300, Chapter 4. Articles 1 
and 2, having to do with denial of solid waste facilities permits and re- 
lated recourses. 

(5) "Nonmaterial change" means a change that would require a change 
to the solid waste facilities permit but would not result in any physical 
change that would alter the approved design or operation of the facility. 
The definition is only for purposes of determining when a permit modifi- 
cation is needed as determined by the EA pursuant to §21665(d)( 1 ). 

(6) "Significant Change in the design or operation of the solid waste 
facility that is not authorized by the existing permit" means a change in 
design or operation of a solid waste facility where the EA has determined 
pursuant to §21665 that the change is of such consequence that the solid 
waste facilities permit needs to include further restrictions, prohibitions, 
mitigations, terms, conditions or other measures to adequately protect 
public health, public safety, ensure compliance with State minimum 
standards or to protect the environment. The definition is only for pur- 
poses of determining when a permit needs to be revised and should not 
be utilized for any other purpose. 

Note; Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43020, 43021 and 43000-45802, Public Resources Code. 

History 

1. New subchapter 3, article I (sections 21563-21565.5) and section filed 
6-18-97; operative 7-18-97 (Register 97. No. 25). 

2. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. II). 

3. Change without regulatory effect amending subsection (d)(4) filed 10-17-2(X)7 
pursuant to section 100, title 1, California Code of Regulations (Register 2007. 
No. 42). 

§ 21565. CIWMB — Exemptions from Requirement of a 

Permit or Other Regulatory Tier Requirements. 
(T14:§18215) 

(a) After a public hearing the EA may grant an exemption from the re- 
quirement that the operator of a facility or operation obtain a permit or 
comply with other Regulatory Tier Requirements established in Title 1 4, 
California Code of Regulafions, section 1 8 1 00 et seq. Such an exemption 
may be granted if the facility falls within one of the classifications in sub- 
section (b) and all of the following findings are made: 

(1) The exemption is not against the public interest. 

(2) The quantity of solid wastes is insignificant. 

(3) The nature of the solid wastes poses no significant threat to health, 
safety, or the environment. 

(b) Classifications of solid waste facilifies that may be exempted are: 

(1) Facilities or portions thereof doing research funded primarily by 
government grants; 

(2) Drilling mud disposal sumps for short-term use (less than one 
year) if significant quantities of hazardous or toxic materials are not pres- 
ent in the mud, fluids and cuttings from drilling and associated opera- 
tions; [Note: currently, on-site sumps are exempted under T2.^ §25] ](g) 
& in §20090(g) of this subdivision] 

(3) Unclassified waste management units as defined by the State Wa- 
ter Resources Control Board (SWRCB), except as otherwise provided in 
CCR, Title 14, Division 7, Chapter 3.0, Article 5.95. 

(4) Farm or ranch disposal sites for one- or two-family use; 



Page 653 



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§ 21565.5 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(5) Resource Recovery facilities intended only for demonstration pur- 
poses and not for profit; 

(6) Disposal sites to be used exclusively for one of the following: for 
spreading of either cannery wastes or oily wastes, mine tailings, ashes 
and residues, agricultural wastes, street sweepings, dirt from excava- 
tions, slag if disposed of on site, or waste water treatment sludge if dis- 
posed of on site or to specified agricultural lands; and 

(7) Evaporation ponds for disposing of salts from oil and geothermal 
drilling operations. 

(c) The EA may inspect any exempted facility in accordance with 
CCR, Title 14, Division 7, Chapter 5, Article 2.2, section 18083. Where 
the EA has reason to believe that circumstances have changed and the 
findings made pursuant to subsection (a) can no longer be supported, the 
EA may, after holding a public hearing, rescind the exemption. 

(d) All exemptions and rescissions of exemptions shall be forwarded 
to the CIWMB within seven days after the decision is issued. 

[Comment: In exempting facilities, the EA should recognize that only 
facilities which are solid waste facilities or operations, as defined in Pub- 
lic Resources Code section 40194, must obtain either a permit or an ex- 
emption. The following are examples of facilities that need not apply for 
an exemption or a permit: 

1. A facility solely engaged in purchase or sale of salvaged separated 
materials. 

2. Scrap metal, glass, cardboard and fiber brokers and manufacturing 
firms, which utilize salvaged materials. 

3. Recycling centers that only handle salvaged separated materials for 
reuse. 

4. Salvaged separated material collection, storage, or processing ac- 
tivities.] 

Note. Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103. Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and section filed 7-10-2003; operative 
8-9-2003 (Register 2003, No. 28). 

3. Amendment of subsection (b)(3) filed 1 2-26-2003; operative 2-24-2004 (Reg- 
ister 2003, No. 52). 

4. Editorial correction of History 3 (Register 2004, No. 2). 

5. Editorial correction of section heading (Register 2004. No. 22). 

§ 21565.5. CIWMB— Filing Requirements for Exemptions 
from Solid Waste Facility Permit (SWFP). 
(T14:§17616) 

An applicant must file with the EA information containing applicable 
sections of a Report of Facility Information/Joint Technical Document 
(RFI/JTD) to establish that an exemption should be granted. 
NOTE: Authority cited: Sections 40502. 43020 and 43021, Public Resources 
Code. Reference: Sections 43020, 43021 and 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

Article 2. CIWMB— Applicant 
Requirements. 

§ 21 570. CIWMB— Filing Requirements. (T1 4:§1 8201 ) 

(a) Any operator of a disposal site who is required to have a full solid 
waste facilities permit and waste discharge requirements pursuant to 
Public Resources Code, Division 3 1 and §20080(f) shall submit an appli- 
cation package for a solid waste facilities permit in duplicate to the EA 
pursuant to 1(f). The applicant shall also simultaneously submit one copy 
of the application form and the Joint Technical Document (JTD) to the 
Regional Water Quality Control Board (RWQCB) and one copy of the 
application form to the director of the local agency that oversees local 
land use planning for the jurisdiction in which the site is located. The 
applicant shall ensure demonstration of financial assurances to the 
CIWMB pursuant to Chapter 6 of this Subdivision. 

(b) All other applicants who are required to have a full solid waste fa- 
cilities permit shall submit an application package for a solid waste facili- 
ties permit in duplicate to the EA pursuant to 1(f) and one copy of the ap- 
plication form to the director of the local agency that oversees local land 



use planning for the jurisdiction in which the site is located. The applicant 
shall also simultaneously submit one copy of the application form to the 
RWQCB. 

(c) Any application package submitted to the EA shall be accompanied 
by the fee specified by the EA pursuant to Public Resources Code 
§44006(c). 

(d) The application package shall require that information be supplied 
in adequate detail to permit thorough evaluation of the environmental ef- 
fects of the facility and to permit estimation of the likelihood that the fa- 
cility will be able to conforin to the standards over the useful economic 
life of the facility. The application package shall require, among other 
things, that the applicant and the owner give the address at which process 
may be served upon thein. 

(e) All informauon in the application package shall be certified by the 
applicant and the owner of the site as being true and accurate to the best 
knowledge and belief of each. Tlie applicant, owner of the facility, or 
both, shall supply additional information as deemed necessary by the EA. 

(f) A complete and correct application package shall include, but not 
necessarily be limited to, the following items: 

(1) Applicadon For Solid Waste Facilities PermitAVaste Discharge 
Requirements Form CIWMB E-1-77 (Version 8-04) (Appendix 1); and 

(2) Complete and correct Report of Facility Information. In the case 
of disposal sites, this will be a Report of Disposal Site Information 
(RDSI) in the format of a JTD or an Disposal Facility Plan or Disposal 
Facility Report in the format of a JTD; and 

(3) California Environmental Quality Act (CEQA) compliance infor- 
mation as follows; 

(A) Evidence that there has been compliance with the CEQA, Division 
13 (commencing with §21000) of the Public Resources Code, regarding 
the facility; or 

(B) Infortnation on the status of the application's compliance with the 
CEQA regarding the facility, including the proposed project description. 
Once there has been compliance with the CEQA regarding the facility, 
evidence of compliance shall be submitted to the EA; and 

(4) Any CEQA Mitigation Monitoring Implementation Schedule; and 

(5) Conformance finding information, including one of the following; 

(A) Unfil a countywide or regional agency integrated waste manage- 
ment plan has been approved by the CIWMB, the application shall in- 
clude statements that; the facility is identified and described in or con- 
forms with the County Solid Waste Management Plan, or otherwise 
complies with Public Resources Code §50000; and that the facility is 
consistent with the city or county General Plan and compatible with sur- 
rounding land use, in accordance with Public Resources Code §50000.5; 
or 

(B) After a countywide or regional agency integrated waste manage- 
ment plan has been approved by the CIWMB, the application shall in- 
clude a statement that; the facility is identified in either the countywide 
siting element, the nondisposal facility element, or in the Source Reduc- 
tion and Recycling Element for the jurisdiction in which it is located; or, 
that the facility is not required to be identified in any of these elements 
pursuant to Public Resources Code §50001; and 

(6) For disposal sites, completeness determination of Preliminary or 
Final Closure/Postclosure Maintenance Plan as specified in §§21780, 
21 865, and 21890 (Subchapter 4 of this Chapter); and 

[Note: The operator has the option of submitting the preliminary clo- 
sure plan with the JTD, in which case the EA, RWQCB, and CfWMB 
would review it at the same time. If deemed complete by the reviewing 
agencies, the solid waste facilities permit application package could then 
be accepted for filing if all other information in the JTD is accepted by 
the EA. Or the operator can submit a stand alone preliminary closure 
plan to be deetned complete by reviewing agencies before the application 
package is submitted to the EA. For CIWMB purposes, all final closure/ 
postclosure plans are stand alone documents but can be processed joint- 
ly with a proposed solid waste facilities permit revision as long as the fi- 
nal plan is determined complete prior to approval of the proposed solid 
waste facilities permit. The JTD Index prepared for the EA should show 
where each closure requirement is addressed in the closure/post-closure 
plan.] 



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Register 2007, No. 42; 10-19-2007 



Title 27 



Solid Waste 



§ 21585 



(7) For disposal sites, current documentation of acceptable funding 
levels for Financial Assurance Mechanism (in accordance with Chapter 
6, Division 2); and 

(8) For disposal sites, current documentation of compliance with oper- 
ating liability requirements in accordance with Chapter 6; 

(9) For disposal sites permitted for more than 20 tons-per-day. a 
ground or aerial survey to be completed at least once every five years or 
more frequently as determined by the EA. For disposal sites permitted for 
20 tons-per-day or less, a ground or aerial survey must be completed at 
least once every ten years. Survey results must be submitted as a CADD 
or vector graphics data file including at least two strata, i.e., 1) a stratum 
showing the base and finished ground surfaces, and 2) a stratum showing 
the existing and finished ground surfaces. For disposal sites where a 
change in permitted volume is proposed, a third stratum showing the base 
and proposed finished ground surfaces must be included. For each stra- 
tum the following information shall be included: site name, stratum 
name, surface 1 name. surface2 name, volume calculation method (grid, 
composite, section), expansion (cut) factor, compaction (fill) factor, cut 
volume, fill volume and net volume. All volumes shall be reported in cu- 
bic yards. If the base ground surface is uncertain, the operator is allowed 
to provide the best available information as a substitute for the actual as- 
built contours. If selecting this substitute method, the operator must pro- 
vide an explanation of the basis for using the substitute base ground sur- 
face. For the purposes of this section the following definitions apply: 

A. "base ground surface" — the best available excavation plan surface 
that existed prior to the placement of any waste; 

B. "CADD" — computer aided design and drafting; 

C. "compaction (fill) factor" — the factor used to correct for expected 
compaction of fill material; this factor should normally be unity (one); 
if the factor is not unity (one), an explanation must be provided for the 
basis of the volumetric correction; 

D. "cut volume" — for any stratum, the volume removed by a cut of 
a lower surface to achieve the upper surface; 

E. "existing ground surface" — the topography that exists at the time 
of the subject survey; 

F. "expansion (cut) factor" — the factor used to correct for expected 
expansion of a cut surface; this factor should normally be unity (one); if 
the factor is not unity (one), an explanation must be provided for the basis 
of the volumetric correction; 

G. "fill volume" — for any stratum, the volume bound between the up- 
per and lower surfaces; 

H. "finished ground surface" — the final fill plan surface as shown in 
the approved closure plan for the disposal site; 

I. "net volume" — the fill volume less the cut volume; 

J. "site name" — the name of the disposal site for which the survey in- 
formation is being submitted; 

K. "stratum (plural: strata)" — a particular volume of a solid waste 
landfill bound by specified upper and lower surfaces; 

L. "stratum name" — a descriptive name for the stratum for which vol- 
umetric information is being submitted, e.g., total volume including pro- 
posed expansion; 

M. "surface names" — names for the pair of surfaces that define a 
named stratum, e.g.. base ground surface and proposed finished ground 
surface; 

N. "survey" — a comprehensive examination of the disposal site un- 
der the direction of registered civil engineer or licensed land surveyor for 
purposes of determining the topography of the base, existing and finished 
ground surfaces, and the volumes bound by those surfaces; 

O. "vector graphics" — computer generated images comprised of 
lines and shapes of given origin, direction, thickness, color and other at- 
tributes; 

P. "volume calculation method" — grid, composite, section or other 
method approved by the enforcement agency; 

(10) For disposal sites, one of the following: 

A. (i) In-place waste density (pounds of waste per cubic yard of 
waste). The in-place waste density is the estimated or measured density 
of in-place waste material achieved by mechanical or other means in the 
development of the current lift of the current operating waste cell, and 



(ii) Waste-to-cover ratio, estimated. (volume:volume). The wasie- 
to-cover ratio estimate is a unit-less expression of the proportion of the 
volumes of waste and cover that comprise a volume of compacted 1111 ma- 
terial, e.g. 4:1 . The cover portion of the waste-to-cover ratio estimate 
should include only soil or approved daily or intermediate alternative 
cover that is not considered a waste material, i.e., payment of fees to the 
CIWMB is not required. The waste portion of the waste-to-cover ratio 
estimate should include only waste material for which payment o\' fees 
to the CIWMB is reported, or 

B. Airspace utilization factor (tons of waste per cubic yard of landfill 
airspace). The airspace utilization factor (AUF) is the effective density 
of waste material in the landfill. The AUF is recorded as the total weight 
of waste material passing over the landfill scales that is placed in a known 
volume of landfill airspace in a given period of time. The waste portion 
of the AUF should include only waste material for which payment of fees 
to the CIWMB is reported. 

(11) List of all public hearings and other meetings open to the public 
that have been held or copies of notices distributed that are applicable to 
the proposed solid waste facilities permit action. 

NOTE: Authority cited: Sections 40002. 40502 and 43020. Public Resources 
Code. Reference: Sections 43103, 44001-44017, 44100-44101. 44300-44301. 
44500-44503 and 44813-44816. Public Resources Code. 

History 

1. New article 2 (sections 21570-21640) and section filed 6-18-97: operative 
7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending subsections (a) and (f)( i ) and ex- 
planatory note following subsection (f)(6) filed 3-8-99 pursuant to section 1 00, 
title 1, California Code of Regulations (Register 99, No. 1 1 ). 

3. Amendment of subsections (f)(2), (f)(3)(A) and (f)(5)(A)-(r)(6) filed 
2-25-2003; operative 2-25-2003 pursuant to Government Code section 
1 1343.4 (Register 2003, No. 9). 

4. Amendment of subsection (f)(2) filed 12-26-2003; operative 2-24-2004 ( Re<i- 
ister2003. No.52). 

5. Editorial correction of History 4 (Register 2004. No. 2). 

6. Amendment filed 12-13-2004; of)erative 1-1-2005 pursuant to Government 
Code section 11343.4(c) (Register 2004, No. 51). 

7. Amendment filed 3-14-2007; operative 4-1.3-2007 (Register 2007, No. 1 1 ). 

§ 21 580. CIWMB— Submittal of an Incomplete Application 
Package (T14:§1 8203) 

The applicant may request, in writing, that the EA accept an incom- 
plete application package. As a condition of acceptance, the applicant 
shall waive the statutory time limit contained in Public Resources Code 
§44008. The application package shall conform to §21570 within 180 
days from the date the EA agrees to accept the package as incomplete or 
the application package shall be rejected. Upon submittal of an incom- 
plete package, the applicant shall list the deficiencies in the package, rea- 
sons for the incomplete submittal, and a proposed schedule as to when 
the deficiencies will be submitted. For an application for a new or revised 
solid waste facilities permit, within 30 days after deeming the application 
complete and correct, the EA shall notice and conduct an informational 
meeting as required by §§21660.2 and 21660.3. 

NOTE: Authority cited: Sections 40502 and 43020. Public Resources Code. Refer- 
ence: Sections 43103, 44001-44006 and 44007-44010, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007. No. II). 

§ 21 585. SWRCB— Joint Technical Document (JTD). (new) 

Regulafions in this secdon were promulgated by the State Water Re- 
sources Control Board (SWRCB), are administered by the appropriate 
Regional Water Quality Control Board (RWQCB) through the issuance 
of waste discharge requirements (WDRs) or other enforceable orders, 
and are applicable both to the RWQCB and to the owner or operator of 
a waste management unit (Unit) for the treatment, storage, or disposal of 
solid waste, in cases where the Unit is jointly regulated by the RWQCB 
and by one or more other state agencies. 

(a) JTD Addresses All Post-CUP Permitting Agency Require- 
ments — After July 18, 1997, for any Unit jointly regulated by the 
RWQCB and another state agency (or agencies), the report of waste dis- 
charge (ROWD) submitted to the RWQCB in support of the development 
or revision of WDRs for that Unit shall be in the form of a joint technical 



Page 655 



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§ 21590 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



document (JTD) which includes all applicable information required un- 
der Article 4 of Subchapter 3 of this chapter (§2 1 7 1 et seq.), in addition 
to all information necessary to support the development (or modification, 
as appropriate) and issuance of any state or local agency permits, other 
than the conditional use permit, that are required to operate the Unit (in- 
cluding but not limited to the lateral expansion of any Unit). 

(1 ) JTD Submittal Date— For new Units for which the ROWD is ini- 
tially submitted (as part of the application for WDRs) after July 18. 1 997, 
the discharger shall submit the ROWD in the form of a JTD when apply- 
ing for WDRs for the Unit. For all othernew Units and for existing Units, 
the discharger need not reorganize and resubmit, as a JTD. those portions 
of the ROWD submitted prior to July 18. 1997. For new and existing 
Units, after July 1 8, 1997, except for scheduled monitoring reports, each 
submittal regarding the Unit, whether initiated by the discharger or re- 
quested by RWQCB, shall be made in the form of a separate addendum 
to the JTD, pursuant to •i(a)(4). 

(2) JTD Scope — The discharger is responsible for identifying all state 
and local agencies for which the JTD will serve as a joint permitting in- 
formation document, pursuant to1(a). Nevertheless, for a landfill, the list 
of agencies addressed in the JTD shall include at least the RWQCB. the 
CIWMB. the EA, and the AQMD or APCD. 

(3) Integration — The discharger is free to organize the JTD in any 
manner that maximizes the readability and compactness of the docu- 
ment. Nevertheless, to the extent feasible, with respect to any portion of 
the JTD that discusses a subject of regulatory concern to more than one 
agency, the discharger shall integrate the discussion to satisfy the con- 
cerns of all agencies concerned with that subject. Likewise, to the extent 
feasible, for facilities having more than one Unit, the JTD shall address 
topics which are germane to all Units at the facility {e.g., the hydrogeolo- 
gy of the facility and surrounding area) in a manner which integrates and 
incorporates all concerns applicable to each individual Unit and to the fa- 
cihty in general. 

(4) JTD Addenda — After July 18, 1997, each submittal made to any 
permitting agency encompassed by the JTD shall be in the form of a num- 
erically-sequential addendum to the JTD (i.e.. Addendum 76 would be 
followed by Addendum 77). For any given topic being addressed by a 
given addendum, the discharger shall send a copy of that addendum si- 
multaneously to each permitting agency listing that topic in their agency- 
specific JTD Index, and shall include an updated JTD page listing for 
each Water Board JTD index line-item [under ^(b)] that is addressed by 
that addendum. 

(b) Water Board (JTD) Index— As of July 18, 1997, each RWQCB 
shall make available to the discharger (both in hard copy and on magnetic 
media) a JTD index (Water Board Index) listing, by unique line-item 
number, each topic which the JTD must address to provide the RWQCB 
information needed to write and adopt or revise WDRs. For each line 
item (i.e., for each separately listed topic) in the Water Board Index, the 
discharger shall list all JTD pages (by page number or ranges thereof) ad- 
dressing that topic. In cases where the preliminary or final closure and 
post-closure maintenance plan is submitted as a separable part of the 
JTD, as allowed by §2 1769(a), the component parts of the plan shall nev- 
ertheless be listed as part of the JTD index. 

(c) Coordination — Upon the submittal of a new JTD or addendum, the 
RWQCB shall concentrate the initial review upon those line-items in the 
Water Board Index which are coded as being of joint interest with other 
agencies. Regarding all such joint-interest line-items in the Water Board 
Index, the RWQCB shall coordinate with staff from the other interested 
agencies, as appropriate, to ensure that WDRs (or proposed changes 
thereto) do not duplicate or conflict with the requirements of the other 
agencies. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13140, 
13146 and 13172, Water Code; Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



2. Change without regulatory effect amending subsections (a) and (b) filed 
5-19-2000 pursuant to section 100, title 1, California Code of Regulations 
(Register 2000, No. 20). 

§ 21590. CIWMB — Joint Technical Document for Disposal 
Facilities, (new) 

Any operator of a disposal site which is required to submit a RDSl. clo- 
sure/postclosure maintenance plan, and/or a ROWD or any other report 
that addresses similar regulatory concerns, may address those require- 
ments under one JTD. The JTD will be used in place of the RDSI only 
if it meets all the requirements set forth in §21600 and hsts where each 
requirement has been satisfied in the document in the form of a JTD in- 
dex, pursuant tof(c). 

(a) After July 1 8, 1 997. any operator of an exisfing facility who sub- 
mits an application package to the EA. pursuant to §21570, which pro- 
poses to change the facility's operations, or to change the SWFP shall do 
one of the following: 

(1 ) Submit the updated information as an amendment to the existing 
JTD along with, a JTD index as described in*|(c), referencing the new or 
updated information; or 

(2) Submit a complete JTD as described in §21600 along with a JTD 
index as described in subsection c. 

(b) After July 18, 1997 any operator of a new facility that submits an 
application package to the EA pursuant to §21570, shall submit a com- 
plete JTD pursuant to §21600. and an index of the topics addressed in the 
JTD to be used by the EA as described in f(c). 

(c) As of July 18. 1997. the operator shall include with the JTD a copy 
of an index specifically for use by the EA. The page number or the first 
line number within the JTD which addresses the topic shall be noted next 
to that topic in the index. The EA shall make available to the operator ei- 
ther in hard copy and/or on magnetic media a JTD index listing, (Index 
found in Appendix 2) showing each topic which the JTD must address 
to provide the EA with relevant facility information for writing or revis- 
ing the facility permit. 

(d) These requirements do not apply to those facilities which have filed 
a ROWD or RDSI and application for SWFP prior to July 18, 1997. In 
the event the EA determines the application package for an RDSI first 
submitted prior to the effective date of these regulations to be incomplete, 
additional information requested shall be submitted as part of the RDSI 
and/or application for SWFP, as appropriate. 

NOTE: Authority Cited: Sections 40502, 43020, and 43021. Public Resources 
Code. Reference: Sections 43000-45802, Public Resources Code. 

History 
]. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 595. Combined CIWMB and SWRCB Joint Technical 
Document for Federal Subtitle D Research, 
Development, and Demonstration Permits. 

The JTD shall describe how the facility will comply with Section 
20070 of Chapter 1 of this Division, if appHcable, and include the specific 
variance(s) in criteria requested; project research goals; environmental 
monitoring, contingency and mitigation measures to be implemented for 
the project; and performance measures to determine to what extent the 
site is progressing in attaining project goals and protection of public 
health and safety and the environment. The description shall also include 
a summary and protocols for: 1. project controls to compare project per- 
formance with an equivalent or similar operation or activity not autho- 
rized by section 20070; 2. if apphcable, processing of materials prior to 
placement in the MSWLF Unit at the facility; 3. potential accumulafion 
of constituents of concern as defined in section 201 64 of Chapter 1 of this 
Division; 4. if applicable, energy recovery; and 5. if applicable, impacts 
to postclosure maintenance. The description shall be incorporated in 
each applicable section of the JTD, in addition to a separate section de- 
scribing the overall project. 

NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources 
Code. Reference: Sections 40053, 40508, 43020 and 43021, Public Resources 
Code; and 40 CFR Section 258.4. 



Page 656 



Register 2007, No. 42; 10-19-2007 



Title 27 



Solid Waste 



Jj 21600 



History 
1. New section filed 9-29-200.'i; operative 9-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 39). 

§ 21600. CIWMB— Report of Disposal Site Information 
(RDSI). (T14:§17607, 17616, 17626, 17628, 
17629,18222) 

(a) in order to obtain a solid wa,ste facility permit, each operator of a 
disposal site must file with the EA a RDSI as required in §21600 and 
§21590. The information contained in the RDSI shall be used to deter- 
mine whether a permit should be issued and to provide information to be 
included within the permit if applicable. In order to maintain the permit, 
the operator must file amendments to the RDSI as required in §21665. 
Such amendments or lack thereof may become the basis for changes in 
the permit or for revocation of the permit. The submittal shall contain 
only those items listed in §2 1 570(0 that have changed or otherwise speci- 
fied by the enforcement agency. 

(b) A RDSI shall contain the following: 

( 1 ) General 

(A) Facility Overview — Provide a statement including the name of 
the site, the name of the person who will operate the site, the name of the 
person who owns the land, and a description of the operation cycle. 

(B) Site Plan — Provide facility plan(s), including the pre-disposal to- 
pography of the site, the facility boundary of the site (clearly illustrating 
parcels owned by the operator and/or any parcels leased), the total per- 
mitted acreage of the site, the acreage of the disposal area, fill sequencing 
and excavation plans, the extent of any buffer zones between the disposal 
area and the permitted property boundaries provided by the facility lay- 
out, and the vertical limits of the site. The map required for a ROWD/JTD 
may be used for the RDSI providing all requirements of this subsection 
are met. 

(C) Hours — State the hours and days of operation for the site, includ- 
ing but not limited to maintenance, site operation, receipt of waste, and 
public and commercial access. 

(2) Waste Classification and Management 

(A) Waste Types/Volumes — Describe the types of wastes accepted 
or proposed for acceptance. Estimated waste volumes should be pres- 
ented, including current daily average and peak daily waste flows as well 
as a five year projected waste flow. Specific mention shall be made con- 
cerning the receipt of liquid, designated, special wastes or hazardous 
waste, if taken. 

(3) Waste Management Unit Classification and Siting 

(A) Airport Safety — Provide documentation that the Federal Avi- 
ation Administration and appropriate airport officials were notified if a 
new MSWLF unit or lateral expansion will be sited within a five-mile 
radius of any airport runway end used by turbojet or piston-type aircraft. 
Include results of the demonstration requirement, if required by §20270. 

(B) Volumetric Capacity — Provide calculations for volumetric ca- 
pacity of the site expressed in cubic yards, net permitted capacity avail- 
able for waste disposal, including the amount of capacity consumed by 
soils used for liner construction, daily and intermediate cover, and final 
cover, if included in the total capacity given. Attach topographic maps, 
including the delineation of the site property boundary and the disposal 
area used for the volumetric calculations and the date of survey. This in- 
formation shall be certified by a registered civil engineer or registered 
geologist. 

(C) Site Life Estimate — Provide an estimate of the site life based on 
the capacity of the site and the waste flow projections, and assumptions 
regarding the compaction density used in life expectancy calculations. 
Include any other factors which may effect site life (e.g. local restric- 
tions). 

(D) Site Location — Describe the site location, referencing a location 
map highlighting the legal boundaries, points of access, and major access 
routes for waste deliveries to the site. 

(E) Land Use — Describe and provide a plot plan showing land uses 
and land use zoning for all properties within 1000 feet of the facility 
boundary shown on a site plan. The site plan must show structures located 



on these adjacent properties or distances to the nearest structures. The 
plot plan shall include specific hmiis of the existing and planned disposal 
areas, in relationship to the surrounding land use. 

(F) Ancillary Facilities — Describe and provide a plot plan showing 
all ancillary facilifies at the site, including, but not limited to. administra- 
tion buildings, entrance facilities, scales, maintenance structures, and 
hazardous materials storage areas. 

(4) Design and Construction Standards for all Sites 

(A) General Design Parameters — Describe how the site design ac- 
commodates or provides for the service area, climaiological factors, 
physical setting, soils, drainage, and other pertinent information. The de- 
sign shall be developed by a registered civil engineer or registered geolo- 
gist. If the site is to be used by the general public, show how the design 
accommodates such use. 

(B) Design Responsibility — Design of a new disposal site shall be un- 
der the direcfion of a registered civil engineer. The designer shall utilize 
expert advice as appropriate from persons competent in soils, hydrology, 
geology, landscape design, chemistry and other disciplines. 

(C) Construction Sequencing Plans — Describe sequencing plans 
showing the anUcipated phases of site development. A map showing the 
topographical contours prior to filling and the existing topographical 
contours of the permitted boundary. 

(D) Grading Plan — Include a grading plan showing the proposed final 
elevations of the completed disposal site, and excavation depth, includ- 
ing existing and proposed borrovk' area. 

(E) Gas Management Plan — The gas management plan shall include 
a descripfion of the facility's gas control and monitoring systems. The 
site plan shall show locations of monitoring wells. The plan shall de- 
scribe how the facihty will comply with §2091 9 and §209 1 9.5. Describe 
any possible use of landfill decomposifion gases. Reference any addi- 
tional information provided in the closure plans pursuant to Article 6. 

(5) Operating Criteria 

(A) Records — Describe the procedures for maintaining accurate re- 
cords as required in §§20510 and 20515. 

(B) Security — Describe how the operator will discourage unautho- 
rized access by persons or vehicles. 

(C) Sanitary Facilities — Describe the sanitary facilities available to 
site personnel and the public. 

(D) Communications Systems — Describe the communications sys- 
tems utilized and emergency communications procedures followed at the 
site. 

(E) Lighting — Describe the locations, numbers, and types of all per- 
manent and portable lighting to assure safety of employees during night- 
time operaUons, if applicable. 

(F) Safety Equipment — List personal safety equipment used by oper- 
ating and maintenance personnel. 

(G) Personnel Requirements — State the minimum numbers and qual- 
ifications of personnel required for site operations, maintenance, envi- 
ronmental controls, records, emergency, and health and safety. 

(H) Personnel Training — Describe the training required by the vari- 
ous personnel identified above and how that training is to be provided in 
order to comply with §20610. 

(I) Supervisory Structure — Describe supervisory structure, including 
the management organization which will operate the site and the name 
of supervisor(s). 

(J) Spreading and Compaction — Describe the equipment and meth- 
ods used to spread and compact wastes. 

(6) Cover and Beneficial Use 

(A) Cover Materials — Provide a plot plan identifying cover material 
quantities required from on-site sources, excavation sequence of the site 
and stockpile locations if stockpiled for a significant amount of lime. 
Identify or describe off-site sources or types of cover materials needed 
for a five year durafion if not included on plot plan. 

(B) Altemafi ve Daily Cover and Beneficial Reuse — Describe alterna- 
tive daily cover and beneficial reuse waste types, processing methods, al- 
ternative processing or grain size specifications if applicable, operations 



Page 657 



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§ 21610 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



methods, and applicable engineering, or other standard practices that will 
be used to ensure compliance with §§20695 and 20690. Estimate the 
range in tons of these materials that are anticipated to be used, based on 
waste types, applicable cover to waste volume ratios, applicable density 
conversion factors, engineering specifications, methods to minimize 
contamination, or other pertinent information. Materials accepted at the 
landfill to be used as alternative daily cover or for beneficial reuse shall 
be weighed upon receipt at landfills which have scales but need not be 
weighed again prior to placement at the landfill. Appropriate conversion 
factors for specific materials based on industry standards are acceptable 
for tracking materials received at landfills which do not have scales. 

(C) Cover Frequency — State the cover frequency proposed or the al- 
ternative daily cover proposed for use in lieu of soil as daily cover. Pro- 
vide information regarding compliance with §§20680 and 20695 if appli- 
cable. 

(D) Intermediate Cover — Describe the operator's methods for plac- 
ing intermediate cover on all areas of the landfill which have not received 
waste for an 180 day or more time frame. 

(7) Handling 

(A) Public Health Design Parameters — Disposal sites shall be de- 
signed in such a manner as to minimize the propagation or harborage of 
flies, rodents or other vectors, and the creation of nuisances by reason of 
solid wastes being deposited at the site. Other factors which shall be taken 
into consideration are air and water quality, noise control, odor control, 
public safety and other pertinent matters related to the protection of pub- 
lic health. 

(B) Salvaging Activities — If salvaging activities are proposed, de- 
scribe types of materials handled, and procedures to ensure that salvaging 
and other waste activities are conducted in a planned and controlled man- 
ner so they do not interfere with other aspects of site operation. Provide 
an EA approved list of items which the facility is permitted to salvage. 
Describe the storage area for salvaged materials generated on-site or im- 
ported. Describe the procedures to ensure that salvage is removed at a fre- 
quency which will prevent health or fire problems. 

(C) Volume Reduction Activities — If volume reduction activities 
such as baling and shredding are proposed, describe procedures to ensure 
proposed operations are conducted in a controlled manner so that they do 
not interfere with proper construction and maintenance of the site, and 
do not create health, safety or environmental problems. 

(D) Equipment — Describe the minimum equipment requirements 
necessary to assure ongoing compliance with the state minimum stan- 
dards. List on-site equipment designated as standby, or provide an up- 
to-date list of firms or agencies which can supply replacement units with- 
in a period of time short enough to ensure compliance with all regulatory 
requirements. Describe preventative maintenance activities for the 
equipment listed above. 

(E) Waste Handling — Describe dimensions of unloading area and un- 
loading practices. Include procedures for handling, unloading and dis- 
posal of liquid waste, special waste, or hazardous waste, if accepted. 

(8) Controls 

(A) Nuisance — Describe procedures to prevent or control public nui- 
sances. 

(B) Fire — Describe procedures for handling burning waste and pre- 
venting landfill fires. 

(C) Leachate — Describe methods for controlling surface leachate to 
prevent contact with the public. 

(D) Dust Control — Describe procedures which will be taken to con- 
trol and minimize the creation of dust and prevent safety hazards due to 
obscured visibility. 

(E) Vectors — Describe measures to be taken to control or prevent the 
propagation, harborage or attraction of flies, rodents, or other vectors and 
to minimize bird problems. 

(F) Drainage and Erosion — Provide a conceptual design and descrip- 
tion of the drainage system as it pertains to roads, structures and gas mon- 
itoring systems, preventing safety hazards and preventing the exposure 
of waste. 



(G) Litter — Describe the collection frequency for controlling litter 
and windblown materials in order to prevent the accumulation of quanti- 
ties which cause a public nuisance or other problems. Include the litter 
control method used, i.e. litter fences, litter crews, etc. 

(H) Noise — Describe the methods for ensuring that noise from site 
operations are controlled to prevent nuisance to persons using the site and 
nearby residents. 

(I) Traffic — Describe the traffic control plan, showing that the traffic 
fiow into, on. and out of the site is controlled to minimize interference and 
safety problems for traffic on-site and adjacent public streets or roads. 

(J) Hazardous Waste — Describe in detail the hazardous waste screen- 
ing program. 

(9) Compilation of approvals — Provide a list of all approvals having 
jurisdiction over the disposal site. 

Note. Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43000-45802, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of subsections (bK5)(A), (b)(6) and (b)(6)(A), new subsection 
(b)(6)(B) and subsection relettenne; filed 5-24-2004; operative 7-23-2004 
(Register2004, No. 22). 

3. Change without regulatory effect amending subsections (b)(6)(B)-(C) fded 
8-23-2005 pursuant to section 100, title 1, California Code of Regulations 
(Register 2005, No. 34). 

§ 21 61 0. CtWMB— Amendments to Application Pacltage. 
(T14:§1 8202(a)) 

At any time after the applicafion package has been submitted and be- 
fore issuance or denial of the permit or alteration thereof, the applicant 
shall promptly notify the EA of any changes in any of the information re- 
quired in the applicafion package. Such notice shall be given by filing two 
copies of the amendments to the application within seven days of the 
applicant's first knowledge of the changes. For processing additions, re- 
visions or amendments to the proposed permit and accompanying docu- 
ments, refer lo secfion 21685(d). 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43103 and 44001-44006, Public Resources Code. 

History 

1. New section tiled 6-18-97; operative 7-18-97 (Register 97. No. 25). 

2. Change without regulatory effect amending section filed 3-8-99 pursuant to 
section 100, title 1, California Code of Regulations (Register 99, No. 11). 

§ 21615. CIWMB— Completeness Appeal. [T14: §1 8203(f)] 

If an application is determined not to be complete, the applicant may 
appeal the decision to the EA within fifteen ( 1 5) days of the date of notifi- 
cation. Such an appeal must be in writing and specify the grounds for the 
appeal. A final written determinafion on the appeal shall be made by the 
hearing panel or hearing officer designated pursuant to Public Resources 
Code §§44308 or 44309, whichever is applicable, no later than 60 days 
after the EA's receipt of the applicant's appeal. 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43000-45802, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulator}' effect amending section filed 10-17-2007 pursuant 
to section 100, title 1, California Code of Regulations (Register 2007, No. 42). 

§ 21620. CIWMB— Change In Design or Operation (New). 

(a) This secfion applies to any operator proposing to make a change in 
the design (as defined in subsecfion 21663(a)( I )) or operafion (as defined 
in subsecfion 21663(a)(2)) of the facility, where such change is subject 
to the authority of the EA acfing pursuant to the Integrated Waste Man- 
agement Act or regulations promulgated under such Act and one of the 
following categories apply: (1 ) Minor Change — the change qualifies as 
a minor change pursuant to §2 1 620(a)( 1 ), in which case the operator shall 
comply with §2 1620(a)(1)(F); (2) RFI Amendment — the EA has deter- 
mined that an amendment to the RFI is required for the change, in which 
case the operator shall comply with §21 620(a)(2); (3) Modified Permit 
— the EA has determined that the solid waste facilities permit requires 
modification pursuant to §21 665(d), in which case the operator shall 



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Title 27 



Solid Waste 



§ 21620 



• 



comply wiih §2 1 620(a)(3); or (4) Revised Permit — the EA has deter- 
mined that the solid waste facilities permit requires revision pursuant to 
§2 1 665(e) or §2 1 620(a)(4), in which case the operator shall comply with 
§2 1620(a)(4). 

This section does not apply to changes to the facility, where such a 
change is not subject to the authority ofthe EA acting pursuant to the Inte- 
grated Waste Management Act or regulations promulgated under such 
Act. 

(1) Minor Changes 

An operator may implement a minor change without EA review and 
approval ifall ofthe criteria set forth in subdivisions (A) through (D) are 
met and the operator notifies the EA ofthe minor change as required un- 
der subdivision (F): 

(A) the change is subject to the authority of the EA acting pursuant to 
the Integrated Waste Management Act or regulations promulgated under 
such Act; and 

(B) the change is consistent with State minimum standards pursuant 
to Chapter 3 of this subdivision or applicable minimum standards in Title 
14 (commencing with §17200), and including financial assurances and 
operating liability criteria pursuant to Chapter 6 of this subdivision if ap- 
plicable; and 

(C) the change is consistent with the terms and conditions in the cur- 
rent solid waste facilities permit; and 

(D) the change does not conflict with the design and operation of the 
facility as provided in the current RFl pursuant to §21600, 14 CCR 
§§17346.5, 17863, 17863.4. 18221.6, 18223.5, or 18227. 

(E) Provided that they satisfy the criteria set forth in subdivisions 
(a)( I )( A-D), minor changes include, but are not limited to, the following: 

(i) Correction of typographical errors in any documents/documenta- 
tion submitted by the owner or operator. 

(ii) Changes in the training plan that do not affect the type or decrease 
the amount of training given to employees. 

(iii) Changes in any name and phone number, mailing address, or other 
contact information that does not include a change ofthe owner or opera- 
tor. 

(iv) Changes in emergency equipment (e.g., used for spill or release 
response) with the same functionally equivalent equipment at the same 
or higher level of quality. 

(v) Replacing equipment that consists of functionally equivalent com- 
ponents and specifications as the equipment being replaced, which does 
not cause any change to location or design from the formerly used equip- 
ment. 

(vi) Changes in procedures for cleaning or decontamination of facility 
equipment or structures. 

(vii) Changes in tanks used for storage of materials utilized as part of 
the operation ofthe facility such as fuel, motor oil, and water without a 
change in location. 

(viii) Changes in the rental company or location of where the back-up 
equipment may be sought. 

(ix) Replacement ofan existing environmental or operational monitor- 
ing point that has been damaged or rendered inoperable, without change 
to location or design of the monitoring point. 

(x) Updated changes to other regulatory agency documents that are in- 
cluded by reference in a RFI only. 

(xi) Changes in containers used for temporary storage of materials sep- 
arated for recycling. 

(xii) Change in narrative information (e.g., background information) 
outside the permitted boundary. 

(xiii) Change to facility signage wording. 

(xiv) Changes to improve personnel protective equipment and other 
safety procedures. 

(xv) Changes to traffic patterns on site that do not affect off-site traf- 
fic, and/or adjacent properties. 

(xvi) Changes to adjacent land use map. 

(xvii) Change in location of facility records. 

(xviii) Changes in name, address, or phone number of contact in post- 



closure plan. 

(xix) Changes to equipment maintenance operations associated with 
the operation of the facility. 

(xx) Acquisition of property adjacent to the facility if not used lor solid 
waste activities. 

(xxi) Updated changes to documents that are included by reference in 
a permit or RFI. 

(xxii) Regulation re-numbering as referenced in RFI. 

(F) the operator shall notice the EA at the time of the change or within 
30 days after the change has been made, and the following provisions 
shall apply: 

(i) the notice shall be in writing and delivered to the EA by regular 
mail, e-mail, or fax; 

(ii) the operator shall identify the minor change in the notice and indi- 
cate the effective date of the change; 

(iii) the notice is for informational purposes only and is not subject to 
EA compliance measures; however, if the EA determines at a later date 
that the change does not meet the criteria for minor change, the EA shall 
provide a finding to the operator in writing as to why the change did not 
qualify as a minor change and the EA shall require the operator to comply 
with all applicable requirements; and 

(iv) During the regular permit review, the EA shall review the minor 
change notices and determine which should be incorporated into the RFI. 

(2) Amendment to Report of Facility Information 

For those changes in design or operation that do not qualify under sub- 
division (a)(1) and that require an amendment to the RFI, the operator 
shall file an amendment to the RFI with the EA at least 1 80 days prior to 
the proposed change unless otherwise determined by the EA. Notwith- 
standing, the EA may determine, based on consultation with the appli- 
cant and review ofthe RFI amendment, that the change meets the criteria 
in §2 1 665(c), in which case the applicant may file an application less than 
1 80 days prior to making the proposed change. Proposed RFIs or amend- 
ments to the RFI shall be accompanied by an application form. All 
amendments shall be submitted as specified in §21570. The applicant 
shall only submit those items listed in §2 1570(f) that have changed or are 
proposed to change, unless otherwise specified by the EA. Such amend- 
ments or lack thereof may become the basis for changes in the solid waste 
facilities permit as determined by the EA as described in §21665. The op- 
erator shall have the right to appeal the EA's decision before the hearing 
panel or hearing officer. 

(3) Modified Permit 

If the change in design or operation does not quahfy under subdivision 
(a)(1) or (a)(2), but does meet the requirements of §2 1665(d) for a modi- 
fied solid waste facilities permit, the operator shall submit an application 
package for a modified solid waste facilities permit pursuant to §21570 
which the EA shall process pursuant to §21650. 

(4) Revised Permit 

All other changes in design or operation require a revised solid waste 
facilities permit pursuant to §21 665(e). The operator shall submit an ap- 
plication package for a solid waste facilities permit revision pursuant to 
§21570 which shall be processed by the EA pursuant to §21650. 

Notwithstanding anything to the contrary in §2 1665(e), the following 
changes in design or operafion are considered significant and require an 
application for a revised permit: 

(A) Increase in maximum amount of permitted tonnage of all waste re- 
ceived. 

(B) Increase in the facility's permitted acreage. 

(C) Increase in the permitted hours of operation. 

(D) For landfills, increase in permitted disposal footprint and/or per- 
mitted (final grade) maximum overall height. 

Note: changes relative to only those items described in the RFI and not 
addressed in the current solid waste facilities pennit as written by the 
LEA may be requested, after consultation, through an application pur- 
suant to §21666. To help better understand the process for RFI amend- 
ment, and modified, revised and new solid waste facilities permits, but 
not to supplant the regulations, a flow diagram is provided below: 



Page 659 



Register 2007, No. 42; 10- 19-2007 



§ 21630 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



Process For An RFI Amendment and Modified, 

Revised, and New Solid Waste Facility Pemtits 

California Code of Regulations 

Title 27 



RFI Amendment 

Submit an application form along with 

RFI amendments to the EA 180 days 

prior to change to the facility 

§2 1570(f). The application can be 

submitted less than 180 days prior to 

making the ctwmge as determined by 

theEA 



Within 30 days of receipt of application. EA 

determines if RFI amertdments meet the 

requirements of §2166S(c) 



Yes 



No 



Within 5 days after approving the RFI 

amendment pursuant to §21666(b), EA shall 

notify the operator, the CIWMB, and 

RWQCB of their determination, and 

the operator and EA shall meet noticing 

requifsments pursuant to §21 660. 1(b) 



Modified or Revised Permits 

EA determines application package meets 

requlremernsfbr Modified Permit, §2166S(d)), 

or Revised Pemiit, §21665(e) or §2ie20(aX4) 



New Permit 

Submit a complete applicatton package to 

the EA for a new SoUd Waste Facility Penult 

§21570 



Application 

submitted for 

Modified Permit 



ModlflBd Parmlt 

After EA accepts the 

applicatton package as 

complete and correct and 

within 60 days of receipt of 

applteatkm by the EA, the EA 

shall meet noticing 

requirements of §21660.3 



Modingd Pffrmtt 

No later than 60 days after permit 
application has been accepted as 
complete and correct, the EA shall 
submit proposed permit package to 
Board. 



Executive Director 

of the Board has 

60 days to concur 

or object 



Applteation 

submitted for 

Revised Permit 



RtYitwl Pf nnit 

After acceptance of 

application package as 

complete and correct toy EA 

and within 60 days of receipt 

of applicatkxi by the EA, the 

EA Shan hoM an 

infbrmatkmai meeting 

punuantto §21660.2 «id 

meet the notkHng 
requirements of §21660.3 



R«YHrt Pf rmlt 

No later than 60 days after 
pennit application has been 

accepttKl as complete and 

conect , the EA shall submit 

proposed permit package to 

Board. 



Board has 60 days 
to concur or object 



NwPtrmlt 

After acceptance of 

applk»tk)n package as 

complete and correct by EA 

and within 60 days of receipt 

of appik»1ion by the EA, the 

the EA shall hoM an 

infonmatkmal meeting 

pursuant to §21660.2 and 

meet the notk:ing 
requirements of §21660.3 



NwPwmit 

No later than 60 days after 
pennit application has been 
accepted as complete and 
conect, the EA shall submit 
proposed permit package to 
Board. 



Board has 60 days 
to concur or object 



• 



NOTE; Authority Cited: Sections 40502, 43020 and 43021, Public Resources 
Code. Reference: Sections 43103, 44004 and 44012. Public Resources Code. 

History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending subsection (a) filed 2-5-2004 pur- 
suant to section 100, title 1, California Code of Regulations (Register 2004, No. 
6). 

3. Amendment of section heading and section filed 3-14-2007; operative 
4-13-2007 (Register 2007, No. 11). 

4. Change without regulatory effect amending subsection (a)(2) filed 10-17-2007 
pursuant to section 100, title 1, California Code of Regulations (Register 2007, 
No. 42). 

§ 21 630. CIWMB— Ciiange of Owner, Operator, and/or 
Address. (T14:§18216 & 18217) 

(a) Owners and/or operators of a facility who plan to sell, encumber, 
transfer or convey the ownership or operation of the facility or land to a 
new owner or operator, or who plan to change their address shall notify 
the EA and the CIWMB 45 days prior to the anticipated transfer. 

[Note: Although it is similar to the previous requirement for a change 
in owner, this significantly reduces the requirements fi)r incorporating 
a new operator into the SWFP. ] This notification shall include names, ad- 



dress(es), where notice can be sent and phone number(s) of the new ow- 
ner/operator. 

(b) The anticipated owner/operator shall provide the following: 

( 1 ) Documentation that the anticipated owner/operator meet the finan- 
cial assurance and operating liability requirements. 

(2) A signed affidavit certifying that the anticipated owner/operator 
has read the governing permit and conditioning documents and will oper- 
ate in accordance with the exisfing SWFP terms and conditions and con- 
ditioning documents and that all new information submitted is correct. 

(3) Amendments to the RFI which reflect the change in owner/opera- 
tor or address. 

(c) any information provided pursuant to1[(a) shall not be a matter of 
public record and shall be considered confidential information until such 
time as the owner encumbers, sells, transfers, or conveys the property. 

(d) Every applicant for a permit, every operator of a solid waste facil- 
ity, and every owner of property on which a facility is located shall notify 
the EA and the CIWMB of each change of address. Notice shall be given 
within seven days after the change is effective and shall be given on a 
form specified by the CIWMB. 



Page 660 



Register 2007, No. 42; 10-19-2007 



Title 27 



Solid Waste 



§ 21650 



NOTE: Aulhoiity cited: Sections 40502, 43020. and 43021, Public Resources 
Code. Reference: Section 6255, Government Code; and Sections 43020. 43021 
and 43000-45802. Public Resources Code. 

Histoid Y 
1, New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 640. CIWMB— Review of Permits. (T1 4:§1 821 3) 

(a) Except as provided in §21680, all full SWFPs shall be reviewed 
and, if necessary, revised, from the dale of last issuance at least once ev- 
ery five years. 

(b) No less than 1 50 days before the permit is due for review, the opera- 
tor shall submit an application for permit review. The application shall 
be made in the manner specified in §§2 1 570 and 2 1 590 and shall contain 
the following: 

( 1 ) Identify the proposed changes in design and operation; and 

(2) Updated amendments to the Report of Facility Information (RFI); 

(3) For disposal sites only, the updated amendments shall include an 
estimate of the remaining site life and capacity; 

(4) For disposal sites only, an amended closure plan as specified in 

§§21780, 21865. and 21890. 

NOTE: Authority Cited: Sections 40502 and 43020, Public Resources Code. Ref- 
erence: Sections 43103 and 44015, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of subsections (b)(l)-(3) and new subsection (b)(4) filed 
2-25-2003; operative 2-25-2003 pursuant to Government Code section 
I 1343.4 (Register 2003, No. 9). 

Article 3. CIWMB — Enforcement Agency 
(EA) Requirements 

§ 21650. CIWMB— EA Processing Requirements. 
(T14:§18203) 

(a) Upon its receipt, the EA shall stamp the application package with 
the date of receipt. The EA shall examine the application package to de- 
termine whether it meets the requirements of §21570. If the EA finds the 
package meets the requirements of §21570, the application package shall 
be accepted and stamped with the date of acceptance. Notwithstanding 
any other provision of this division, the application package shall be 
deemed filed on the date of acceptance. 

(b) The EA shall either accept or reject the application package within 
thirty days of its receipt. 

(c) Within five days of filing, the EA shall notify the CIWMB, and the 
RWQCB if applicable, of its determination. The EA shall submit as its 
nofification to the CIWMB a copy of the accepted applicafion form. The 
EA shall also forward a copy of the application form to the RWQCB if 
applicable. 

(d) If the EA determines that the application package does not meet the 
requirements of §21570, it shall reject and not file the apphcation, and 
it shall, within five days of determinafion, so notify the applicant, the 
CIWMB. and the RWQCB if applicable, enumerating the grounds for re- 
jection. The EA shall include in its notification to the CIWMB a copy of 
the rejected application form. The applicafion package, together with the 
nofice of rejecfion, shall be kept in the EA"s file. 

(e) After acceptance of an applicafion for a new or revised full solid 
waste facilities permit as complete and correct and within 60 days of re- 
ceipt of the application by the EA, the EA shall notice and conduct an in- 
formafional meefing as required by §§21660.2 and 21660.3. For modi- 
fied solid waste facilifies permits, the EA shall provide notice as required 
by §21660.3 after finding the permit application complete and correct 
and within 60 days of receipt of the application by the EA. 

(0 Upon request of the applicant, the EA may accept an incomplete 
application package. As a condifion of acceptance, the operator and the 
EA shall waive the statutory fime limit contained in Public Resources 
Code §44009. [Note: Section 21580 is the section for processing the 
applicant 's waiver of timeframes and timing for noticing and holding an 
informational meeting after the EA deems a previously submitted incom- 
plete package to be complete.] The EA shall nofify the applicant within 



30 days if the applicant's request for review under this subsection has 
been accepted. If the application package does not conforin with the re- 
quirements of §21570 within 180 days from the date of the EA agreeing 
to accept the package as incomplete the EA shall reject the application 
package, pursuant to 1(d). If the EA finds the application package meets 
the requirements of §21570, the applicafion package shall be accepted 
pursuant to \(c). 

(g) No later than 60 days after the application package has been accept- 
ed as complete and correct and after conducting an infonnational ineet- 
ing if required by §§21660.2 and 21660.3, the EA shall mail to the 
CIWMB the following: 

(1) A copy of the proposed solid waste facilities permit; 

(2) The accepted apphcation package; 

(3) A certification from the EA that the solid waste facilities permit 
application package is complete and correct, including a stateinent that 
the RFI meets the requireinents of §21600, 14CCR §§17863, 17863.4, 
17346.5, 18221.6, 18223.5, or 18227. 

(4) Documentation, if applicable, of the applicant's compliance with 
any RWQCB enforcement order or the status of the applicant's WDRs, 
as described in Public Resources Code §44009; 

(5) Any written public comments received on a pending application 
and a summary of comments received at the informational meeting and, 
where applicable, any steps taken by the EA relative to those comments. 
Subsequent to the transmittal of the proposed solid waste facilities per- 
mit, the EA shall, within five (5) days of receipt, provide a copy of any 
addidonal written public comments to the CIWMB. 

(6) A solid waste facilifies permit review report which has been pre- 
pared pursuant to §21675. within the last five years. 

(7) EA finding that the proposed solid waste facilifies permit is consis- 
tent with and is supported by exisfing CEQA analysis, or informafion re- 
garding the progress toward CEQA compliance. 

(h) At the fime the EA submits the proposed solid waste facilities per- 
mit to the CIWMB, the EA shall submit a copy of the proposed solid 
waste facilities permit to the applicant, the RWQCB if applicable, and 
any person so requesfing in wrifing. The copy of the proposed solid waste 
facilities permit provided to the applicant shall also be accompanied by 
a form for request for hearing, which the applicant may use to obtain a 
hearing before a hearing panel or hearing officer to challenge any condi- 
fion in the solid waste facilifies permit. In cases where a hearing panel or 
hearing officer may be requested, the EA shall notify the CIWMB within 
seven days of being noticed by the operator. 

(i) The proposed solid waste facilities permit shall contain the EA's 
condifions. The proposed solid waste facilities permit shall not contain 
condifions pertaining solely to air or water quality, nor shall the condi- 
fions conflict with condifions from WDRs issued by the RWQCB. 

[Note: The process to obtain a full solid waste facilities permit might 
not include the RWQCB if the facility is other than a landfill or disposal 
site. Therefore, EA submittals of forms and documents to the RWQCB 
will be made if applicable to the type of facility. 

When writing conditions pursuant to 21650(i) the EA shall take into 
consideration PRC §44012, which requires the EA to ensure that prima- 
ry consideration is given to protecting public health and safety and pre- 
venting environmental damage, and the long-term protection of the envi- 
ronment. The EA may also take into consideration other permits, 
entitlements and approvals when writing terms and conditions {e.g.. con- 
ditional use permit, zoning, Air Pollution Control District/ Air Quality 
Management District permits to construct and operate. Department of 
Toxic Substances Control hazardous waste facility permit. Department 
of Fish and Game permits, Coastal Commission approvals. Army Corps 
of Engineers permit, Federal Aviation Administration notification, and 
other required local and county ordinances/permits}] 
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 40055, 43103 and 44001-44014, Public Resources Code. 

History 

1. New article 3 (sections 21650-21680) and section filed 6-18-97; operative 
7-18-97 (Register 97, No. 25). 



Page 660.1 



Register 2(X)7, No. 42; 10-19-2007 



§ 21655 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



2. Change without regulatory effect amending subsections (f)(3), (f)(5) and (f)(6) 
filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations 
(Register 99, No. 11). 

3. Amendment of section heading and section filed 3-14-2007; operative 
4-13-2007 (Register 2007, No. 11). 

4. Change without regulatory effect amending subsection (h) filed 10-17-2007 
pursuant to section 100, title 1, California Code of Reeulations (Register 2007, 
No. 42). 

§ 21655. CIWMB — Amendments to Application Package. 
(T14:§18202(b)(c)) 

(a) If the EA determines that the amendment submitted pursuant to 
§21610 fundamentally alters the nature of the application, which requires 
evaluation, within twenty days of the fihng of the amendment, the EA 
may deem the amendment a new application. Tliis amendment will su- 
persede the previous application and incorporating unamended portions 
of the previous application, in which case the time for the EA to act on 
the amendment shall be computed from the date of filing of the amend- 
ment. Any such determination by the EA shall be documented within five 
days of the determination by written notice to the applicant. 

(b) If the amendment is submitted to the EA eleven days or more after 
the date the EA has stamped the package as received, the 30 day review 
period may be extended as long as the EA still complies with %{a). 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43103 and 44001-44006, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending section filed 3-8-99 pursuant to 
section 100, title 1, California Code of Regulations (Register 99, No. 11). 

§ 21660. CIWMB— Public Notice and informational Meeting 
Requirements. 

This Section discusses the requirements for giving public notice and 
conducting informational meetings as defined in §21 563(d)(4) when an 
application for an RFI amendment, modified solid waste facilities per- 
mit, revised solid waste facilities permit, ornew solid waste facilities per- 
mit is submitted to an EA for consideration. Because the processing time 
for RFI amendments is less than it is for permits, the noticing require- 
ments for RFI amendments are addressed separately from modified, re- 
vised, and new solid waste facilities permits, which are addressed togeth- 
er. For new and revised full solid waste facilities permits there are 
additional requirements for conducting an informational meeting. Under 
1(b) below is an index locator of the specific subsections for specific sol- 
id waste facilities permit applications. 

(a) The following provisions shall be applied to applications for new 
solid waste facilities permits, revised and modified solid waste facilities 
permits, and RFI amendments. 

(1) The EA shall maintain a current list of all pending apphcations at 
its offices. The list shall be publicly available during normal business 
hours. 

(2) Within 5 days after the EA approves the RFI amendment and with- 
in 5 days from the EA receiving the application for new, revised, and 
modified permits, the EA shall mail written notice of the approval of the 
RFI amendment or written notice of the receipt of an application for a 
new, revised, or modified permit to every person who has submitted a 
written request for such notice. 

(3) Written public comments on an application shall be retained by the 
EA. 

(b) Specific provisions relating to the content of notices, distribution 
and publishing of notices, and informational meetings may be found in 
subsequent sections as follows: 

Content of Notice for RFI Amendment Applications §2 1660. 1(a) 
Publication of Notice for RFI Amendment 

Apphcations §2 1660. 1(b) 

Informational Meeting for New and Revised Full Solid 

Waste Facilities Permit Applications §21660.2 

Contents of Notice of New, Revised, and Modified 

Permit Applications and EA Conducted Informational 

Meeting §21660.3(a) 



Notice Distribution for New, Revised, and Modified 
Permit Applications and EA Conducted Informational 
Meeting §21 660.3(b) 

Substitute Meetings in Place of EA-Conducted 

Informational Meetings §21660.4 

Content of Notice of New and Revised Full Periuit 
Applications Using Substituted Meeting or 
Hearing §2 1660.4(a) 

Notice Distribution of New and Revised Full Permit 

Application Using Substituted Meeting or Hearing §21 660.4(b) 

NOTfi: Authority cited: Sections 40502, 43020 and 43021, Public Resources 

Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources 

Code. 

History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and section filed 3-14-2007; operative 
4-13-2007 (Register 2007, No. 11). 

§ 21 660.1 . Notice for RFI Amendment Applications. 

(a) Content of Notice for RFI Amendment Applications 

At a minimum, the public notice prepared pursuant to §21660. 1 (b) for 
RPT amendment applications approved by the EA shall include the fol- 
lowing information: 

( 1 ) Name and location of facility applying for the RFI amendment. 

(2) Solid waste facilities permit/facility number. 

(3) Date RFI amendment application was received by the EA. 

(4) Description of the change proposed as an RFI amendment. 

(5) Date the EA approved the RPT amendment and the EA findings 
pursuant to §2 1665(c). 

(6) Information on the availability of appeals to challenge the EA's ap- 
proval of the RFI amendment pursuant to Public Resources Code 
§44307. 

(7) Statement indicating where additional information about the ap- 
proved application is available. 

(8) EA and operator contact information. 

(b) Publication of Notice for RFI Amendment Applications 

In addition to the EA requirements in §21660(a). the operator shall 
prepare within 5 days after the EA approves the application and post for 
at least 1 days a temporary notice at the facility entrance that meets the 
requirements of §21660. 1(a); in addition the EA shall ensure that notices 
are distributed for RFI amendment applications as specified below that 
contain information pursuant to §21660. 1(a). The publication (in hard 
copy or electronically) shall occur for at least 10 days at one or more of 
the following locations within 5 days after the EA approves the applica- 
tion: 

(1 ) Posting of notice prepared and posted by the EA on EA's or the Lo- 
cal Jurisdiction's public notice board, if one exists, or 

(2) Posting of notice prepared by the EA and posted by the operator 
on facility's web site, if one exists, or 

(3) Posting of notice prepared and posted by the EA on EA's web site, 
if one exists, or 

(4) Posting of notice prepared by the EA and posted by the Board on 
the Board's web site, provided that the Board receives a copy of the no- 
tice 3 days after the EA approves the application in order to allow the 
Board time for processing and posting of the notice. 

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources 
Code. Reference: SecUons 43103, 44004 and 44012. Pubhc Resources Code. 

History 
1. New section filed 3-14-2007; operafive 4-13-2007 (Register 2007, No. 11). 

§ 21660.2. Informational Meeting for New and Revised Full 
Solid Waste Facilities Permit Applications. 

(a) EA shall conduct an informational meeting for all new and revised 
full solid waste facilities permit applications as determined by §21665. 
The EA shall hold an informational meeting on an application for a new 
full solid waste facilities permit or an application for a full solid waste 
facilities permit revision required under this Article. The EA may require 
the operator(s) of the facility or facilities that are the subject of the infor- 
mational meeting to pay all costs incurred by the EA in connection with 



Page 660.2 



Register 2007, No. 42; 10-19-2007 



Title 27 



Solid Waste 



§ 21660.4 



the meeting. The inlbrinational meeting may be combined with another 
public meeting in which the EA participates that meets the criteria as spe- 
cified in §§2 1660.2(b) and 21660.2(c). 

(b) The informational meeting shall be held after acceptance of the ap- 
plication package as complete and correct by the EA and within 60 days 
of receipt of the application by the EA. The EA shall submit to the Board 
a copy of the informational meeting notice at time of issuance. The Board 
shall post the notice on its web site as a way to further inform the public. 

(c) The informational meeting shall meet the following criteria: 

( 1 ) The meeting shall be held in a suitable location not more than one 
( I ) mile from the facility that is the subject of the meeting; if no suitable 
and available location exists within one (1) mile of the facility, as deter- 
mined by the EA, the EA may designate an alternative suitable location 
that is as close to the facility as reasonably practical. 

(2) The meeting shall be held on a day and at a time that the EA deter- 
mines will enable attendance by residents living in the vicinity of the fa- 
cility that is the subject of the meeting. 

(3) EAs may undertake additional measures to increase public notice 
and to encourage attendance by any persons who may be interested in the 
facility that is the subject of the meeting, including but not limited to 
additional posting at the facility entrance, noticing beyond 300 feet if the 
nearest residence or business is not within 300 feet of the site, posting in 
a local newspaper of general circulation, and multilingual notice and 
translation, and multiple meeting dates, times and locations. 

(d) The EA may substitute a previous public meeting or hearing for the 

requirements in this Section pursuant to §21660.4 if the applicant does 

not object. 

NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources 
Code. Reference: Sections 43103, 43213, 44004 and 44012. Public Resources 
Code. 

History 

1. New section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11 ). 

§ 21660.3. Notice of New, Revised and Modified Permit 

Applications and EA-Conducted Informational 
Meeting. 

(a) Contents of Notice of New, Revised and Modified Permit Applica- 
tions and EA-Conducted Informational Meeting 

The public notice prepared pursuant to §2 1660.3(b) for new, revised 
or modified solid waste facilities permit applications shall include the 
following information: 

(1) Name and location of the facility or proposed facility. 

(2) Solid waste facilities permit/facility number (for existing permits). 

(3) Purpose of the public informational meeting for new and revised 
full permits. 

(4) Date the EA accepted the solid waste facilities permit modifica- 
tion/revision/new permit application. 

(5) Description of the solid waste facilities permit modification/revi- 
sion(s)/new permit. 

(6) EA's preliminary determination pursuant to §21665 for modified 
and revised permits. 

(7) Statement indicating where additional information about the ap- 
plication is available (date, time, and location) for public review. 

(8) Date. time, location of the public informational meeting for new 
and revised full permits. 

(9) Options for submitting comments. 

(10) Information on the availability of appeals to challenge the EA's 
issuance or denial of a modified, revised, or new permit pursuant to F*ub- 
lic Resources Code §44307. 

(11) EA and operator contact information. 

(b) Notice Distribution for New, Revised and Modified Permit Ap- 
plications and EA-Conducted Informational Meeting 

In addition to the requirements in §2 1660(a) the EA shall prepare a 
meeting notice that contains information pursuant to §21660.3(a) and 
distribute the notice as follows: 

( 1 ) Posting of notice prepared and posted by the EA on the EA's or the 
local jurisdiction's public notice board, if one exists, and 



(2)(A) For new. revised and modified full permits, the EA shall post 
the notice in the manner set forth in Government Code §6.'i091 , subdivi- 
sions (a)-(c). inclusive and with Public Resources Code §44004. subdi- 
visions (h)( 1 )( A-C). The EA shall post the notice after finding the permit 
application complete and correct and within 60 days of receipt of the ap- 
plication by the EA pursuant to §21650. 

(B) For new registration and standardized permits, the EA shall post 
the notice in the manner .set forth in Government Code §65091 . subdivi- 
sions (a)-(c). inclusive and with Public Resources Code §44004. subdi- 
visions (h)( 1 )(A-C). except the EA shall post the notice within 5 days af- 
ter finding the permit application complete and correct pursuant to 
§18104.2 for registration and §18105.2 for standardized. 

(3) For new and revised full permits, the EA shall mail or deliver the 
notice 10 days prior to the date of the informational meeting to the gov- 
erning body of the jurisdiction within which the facility is located and to 
the State Assembly Member and the State Senator in whose districts the 
facility is located. 

(4) The EA may undertake additional measures to increase public no- 
tice and. for new and revised full permits, to encourage attendance by any 
persons who may be interested in the facility that is the subject of the in- 
formational meeting. These additional measures include but are not lim- 
ited to addifional posting at the facility entrance, noticing beyond 300 
feet if the nearest residence or business is not within 300 feet of the site, 
posting in a local newspaper of general circulation, and multilingual no- 
tice and translation, and mukiple meeting dates, times and locations. 
NOTE: Authority cited: Sections 40502, 43020 and 43021. Public Resources 
Code. Reference: Sections 43103. 44004 and 44012, Public Resources Code. 

History 
1. New section filed 3-14-2007; operative 4-13-2007 (Register 2007. No. 1 1 ). 

§ 21660.4. Substitute Meetings in Place of EA-Conducted 
Informational Meetings. 

The EA may substitute the meefing required under §21660.2 with a 
previously held public meeting on the same project, as described in the 
solid waste facilities permit application package and associated CEQA 
documents, if the public meeting took place within one year prior to the 
date the EA accepted the application as complete and correct, and the ap- 
plicant does not object. In order for this substitufion to be valid, the EA 
must have been involved in the previously held meeting to the degree of 
being present, recognized by the presider of the meeting, and available 
to answer questions regarding solid waste facilities permitting specifica- 
tions from the public, other entities, or officials in attendance at the meet- 
ing. 

(a) Content of Notice of New and Revised Full Permit Applications 
Using Substituted Meeting or Hearing 

When a previously held public meeting is to be used to substitute for 
the meeting requirements in §21 660.2 the EA shall prepare and distribute 
a notice pursuant to §21 660.4(b) regarding the application for a new or 
revised full solid waste facilities permit as follows: 

(1) Name and location of the facility or proposed facility. 

(2) Solid waste facilities permit/facility number (for existing permits). 

(3) Date and purpose of previously held public informational meeting. 

(4) Date the EA accepted the solid waste facilities permit revision/new 
full permit application. 

(5) Descripfion of the solid waste facilities permit revision(s)/new full 
permit. 

(6) EA's preliminary determination pursuant to §21665. 

(7) Statement indicafing where addifional information about the ap- 
plication is available (date, Ume. and location) for public review. 

(8) Opfions for submitting comments. 

(9) Informafion on the availability of appeals to challenge the EA's is- 
suance or denial of a revised or new permit pursuant to Public Resources 
Code §44307. 

(10) EA and operator contact information. 

(b) Nofice Distribufion for New and Revised Full Permit Application 
for Substituted Meeting or Hearing 



Page 660.3 



Register 2007, No. 42; 10-19-2007 



§ 21663 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



In addition to the requirements in §2 1660(a) the EA shall prepare a no- 
tice that contains information pursuant to §2 1660.4(a) and distribute the 
notice as follows: 

( 1 ) Posting of notice prepared and posted by the EA on the EA"s or the 
local jurisdiction's public notice board, if one exists, and 

(2) 10 days prior to the EA making a final determination, the EA shall 
post the notice in the manner set forth in Government Code §65091 . sub- 
divisions (a)-(c). inclusive and with Public Resources Code §44004. 
subdivisions (h)(l)(A-C). and 

(3) 10 days prior to the EA making a final determination, the EA shall 
mail or deliver the notice to the governing body of the jurisdiction within 
which the facility is located and to the State Assembly Member and the 
State Senator in whose districts the facility is located, and 

(4) The EA may undertake additional measures to increase public no- 
tice to any persons who may be interested in the application, including 
but not limited to additional posting at the facility entrance, noticing be- 
yond 300 feet if the nearest residence or business is not within 300 feet 
ofthe site, posting in a local newspaperofgeneralcirculations, and multi- 
lingual notice. 

NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources 
Code. Reference: Sections 43103, 44004 and 44012. Public Resources Code. 

History 
1. New section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11). 

§ 21 663. CIWMB— Issuance of Solid Waste Facilities 
Permit. (T14:§1 8208) 

(a) Upon compliance with the CEQA and this article, and upon the 
concurrence of the CIWMB for new and revised solid waste facilities 
permits, and the Executive Director of the CIWMB for modified solid 
waste facilities permits, the EA shall issue the solid waste facilities per- 
mit as provided in Public Resources Code §44014. The solid waste facili- 
ties permit shall specify the person authorized to operate the facility and 
the boundaries ofthe facility. The solid waste facilities permit shall con- 
tain such conditions as are necessary to specify a design and operation 
for which the applicant has demonstrated in the proceedings before the 
EA the ability to control the adverse environmental effects ofthe facility. 

(1) As used herein, "design" means the layout ofthe facility (including 
numbers and types of fixed structures), total volumetric capacity of a dis- 
posal site [or total throughput rate of a transfer/processing station, trans- 
formation facility, or composting facility] vehicular traffic flow, and pat- 
terns surrounding and within the facility, proposed contouring, and other 
factors that may be considered a part of the facility ' s physical configura- 
tion. 

(2) As used herein, "operation" means the procedures, personnel, and 
equipment utilized to receive, handle and dispose of solid wastes and to 
control the effects of the facility on the environment. 

NOTE; Authority cited: Sections 40502 and 43200, Public Resources Code. Refer- 
ence: Sections 43103, 44012 and 44014, Public Resources Code. 

History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and subsection (a) filed 3-14-2007; operative 
4-13-2007 (Register 2007, No. 11). 

§ 21665. CIWMB— Processing Proposed Changes at Solid 
Waste Facility. (New) 

(a) The applicant shall submit an application package pursuant to 



§§21 570 and 2 1 600. or 1 4 CCR §§ 1 822 1 .6, 1 8223.5, 1 8227, or 1 7863.4 
to the EA. The submittal shall contain only those items listed in §2 1 570(f) 
that have changed, are proposed for change or as otherwise specified by 
the EA. 

(b) The EA shall review the applicant's proposed change to determine 
if such a change qualifies as an amendment(s) to the RFl or is the basis 
for changes in the solid waste facilities permit in which case the EA shall 
determine if the proposed change will require a solid waste facilities per- 
mit modification or a solid waste faciliUes permit revision pursuant to the 
provisions provided in §21 665(c), (d), and (e) as follows: 

(l)RFl Amendment(s) 11(c) 

(2) Modified Solid Waste Facilities Permit 11(d) 

(3) Revised Solid Waste Facilities Permit 11(e) 

(c) RFl Amendment(s) — The EA may approve and file the proposed 
change as an amendment(s) to the RFl without revising or modifying the 
solid waste facilifies permit if all ofthe following criteria are met: 

( 1 ) the EA finds that the proposed change is consistent with all applica- 
ble certified and/or adopted CEQA documents in that no subsequent EIR 
or Negative Declaration or supplemental EIR is warranted pursuant to 
Title 14, Chapter 3, Article 1 1, §§ 15162 or 15163. or if the EA finds that 
the change being requested is exempt from the requirements of CEQA 
pursuant to Title 14. Chapter 3, Article 5. §§15060 and 15061; 

(2) the EA has deemed the proposed change acceptable and consistent 
with, but not limited to, State minimum standards pursuant to Chapter 3 
of this subdivision or applicable minimum standards in Title 14 (com- 
mencing with §17200), and including financial assurances and operafing 
Hability criteria pursuant to Chapter 6 of this subdivision if applicable; 
and 

(3) the EA finds the changes do not conflict with the terms and condi- 
tions in the current solid waste facilities permit. 

(d) Modified Solid Waste Facilifies Permit — The EA may determine 
that the proposed change qualifies as a modified solid waste facilities per- 
mit if the proposed change does not meet all of the criteria specified under 
11(c) and meets either of the following criteria: 

(1) the EA determines that the proposed change is a nonmaterial 
change as specified in §2 1563(d)(5), or 

(2) the EA determines that the proposed change is such that the solid 
waste facilities permit does not need to include further restrictions, pro- 
hibitions, mitigations, terms, condifions or other measures to adequately 
protect public health, public safety, ensure compliance with State mini- 
mum standards or to protect the environment. 

(e) Revised Solid Waste Facilities Permit — The EA shall determine 
that the proposed change is a significant change as defined in 
§21563(d)(6) and requires a revised solid waste facilities permit if the 
proposed change does not meet the criteria for an RFl Amendment as 
specified under 11(c) or a modified solid waste facilities permit as speci- 
fied under 11(d). 

Note: To help the affected public more readily understand the process 
used by the EA to determine whether a proposed change qualifies as an 
RFl amendment, modified solid waste facilities permit, or revised solid 
waste facilities permit, a decision tree is provided below; this diagram 
does not supplant any of these regulations: 



Page 660.4 



Register 2007, No. 42; 10-19-2007 



Title 27 



Solid Waste 



§21675 



(1) The EA finds that the proposed change is consistent with all applicable certified and/or adopted CEQA 
documents In that no subsequent EIR or Negative Declaration or supplemental EIR is warranted pursuant 
to Title 14. Chapter 3, Article 11. §§15162 or 15163, or if the EA finds that the change being requested is 
exempt from the requirements of CEQA pursuant to Title 1 4, Chapter 3, Article 5, §§ 1 5060 and 1 5061 . 

(2) The EA has deemed the proposed change acceptable and consistent with, isut not limited to. State 
minimum standards pursuant to Chapter 3 of this subdivision or applicable minimum standards in Title 14 
(commencing with §17200), and Including financial assurances and operating liability criteria pursuant to 
Chapter 6 of this subdivision If applicable. 

(3) The EA finds the proposed changes do not conflict with the temis and conditions In the current SWFP. 



If "No" to any or the above questions, 
continue down 



(4) The EA has detemnined that the proposed change is a "nonmaterial" change as specified in 
§21 563(d)(5). 



If ^'No" continue down 



T 



(5) The EA has determined that further restrictions, prohibitions, mitigations, terms, conditions, or 
other measures are necessary to adequately protect public health, public safety, ensure 
compliance with SMS, and to protect the envlronnDent 



If *Yes* to all 3 then 
the proposed change 
^ qualifles as an RFI 
Amendment 



If "Yes" then the 
proposed change 
qualifies as Modified 
Pennit 



If "No* then the 
proposed change 
qualifies as Modified 
Permit 



If "Yes" then the EA has determined that the chanse 
Is a significant change and requires a Revised Permit 



NOTE; Authority Cited: Sections 40502, 43020, and 43021, Public Resources 
Code. Reference: Sections 43103. 44004 and 44012. Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending subsections (a), (c)(2), (e) and (f) 
filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations 
(Register 99, No. 11). 

3. Change without regulatory effect amending subsections (a), (e) and (f) filed 
2-5-2004 pursuant to section 100, title 1 , California Code of Regulations (Reg- 
ister 2004, No. 6). 

4. Amendment of section heading and section filed 3-14-2007; operative 
4-13-2007 (Register 2007, No. Tl). 

§ 21 666. CIWMB — Processing Report of Facility 
Information (RFI) Amendment(s). 

(a) The EA shall determine if the RFI amendment(s) meet the require- 
ments of §2 1665(c) within 30 days of receipt and either accept or reject 
some or all of the amendment(s). 

(b) Within 5 days of acceptance for filing of the RFI amendment ap- 
plication package, the EA shall notify the operator, the CIWMB and the 
RWQCB, if applicable, of its determination. The EA shall include in their 
notification to the CIWMB, a copy of the accepted RFI amendment(s), 
and a copy of the application form specified in §21570 along with the EA 
determination specified in f (a). 

[Note: Submittal of an Application form in §21666 is for tracking pur- 
poses. ] 

(c) In cases where some or all of the amendment(s) do not follow the 
criteria set in §2 1 665(c), the EA may either require the operator to submit 
an application for a modified or revised solid waste facilities permit pur- 
suant to §21570, or deny the proposed amendment(s), in which case the 
applicant shall have thirty (30) days within which to appeal the decision 
to the hearing panel. 

NOTE: Authority cited: Sections 40502 and 43200, Public Resources Code. Refer- 
ence: Sections 43103, 44012 and 44014, Public Resources Code. 

History 
1. New section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11). 

§ 21 670. CIWMB— Change of Owner Operator, and/or 
Address. (T14:§18216 and 18217) 

(a) The EA shall review the submitted notification prescribed in 
§21630 and any available records to determine if the current and antici- 



pated operators/owners have provided the required information and that 
the facility is and will be able to operate within the terms and conditions 
of their permit and RFI. If the anticipated operator/owner has satisfied all 
of the requirements and the EA has obtained a written confirmation from 
the CIWMB that the anticipated owner/operator has complied with PRC 
§43040 and §43600, theEA shall notify the operator and CIWMB within 
30 days of receipt of the nofification. Then, the EA has 15 days (from in- 
forming the operator and CIWMB that the notification was adequate) to 
send the operator and CIWMB a copy of the changed permit, to refiect 
the changes in the name of the owner, operator and / or facility name. This 
section does not authorize the EA to change any other aspect of the 
SWFP, including the issuance date or permit review date. 

(b) If the EA determines that the operator/owner has not provided ade- 
quate documentation or if the EA has reason to believe that the antici- 
pated operator or owner will be operating outside the terms and condi- 
tions of the governing SWFP, the EA shall inform the operator and the 
CIWMB, in wrifing, within 30 days of receipt of the nofification. The EA 
shall provide the basis for the notification being determined inadequate. 

(c) Any informauon provided pursuant toi(a) shall not be a matter of 
public record and shall be considered confidenfial unfil such Ume as the 
owner's encumbering, selling, transferring, or conveying of the property, 
occurs. 

(d) This acfion will not take the place of a permit review or revision 
pursuant to §§21620 or 21640. 

(e) Every operator of a solid waste facility, and every owner of proper- 
ty on which a facility is located shall nofify the EA and the CIWMB of 
each change of address. The EA shall keep this information on file. 
NOTE: Authority cited: Sections 40502, 43020, and 43021, Public Resources 
Code. Reference: Sections 6255, Government Code; and Sections 43020. 43021 
and 43000-45802, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 675. CIWMB— Review of Solid Waste Facilities 
Permits. (T14:§1 821 3) 

(a) Except as provided in §21680, all full solid waste facilities permits 
shall be reviewed and if necessary modified or revised, from the date of 
last issuance at least once every five years. The EA shall give the operator 
notice of the five year review no less than 1 80 days before it is due. 



Page 660.5 



Register 2007, No. 42; 10-19-2007 



§ 21680 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(b) The EA shall review the operator's submittal in accordance with 
§21640 and prepare a solid waste facilities permit review report. 

( 1 ) The solid waste facilities permit review report shall include docu- 
mentation that the following have been reviewed: the operator's submit- 
tal pursuant to §21 640(b), the current solid waste facilities permit and 
conditioning documents, all RFI amendments since the last solid waste 
facilities permit review, the CEQA, and any other information in the re- 
cord to identify any changes. 

(2) The solid waste facilities permit review report shall determine any 
actions required by the operator. 

(c) A copy of the solid waste facilities permit review report shall be 
submitted to the CI WMB within 1 50 days from receipt of the application 
for solid waste facilities permit review. 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43103 and 44015, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and section filed 3-14-2007; operative 
4-13-2007 (Register 2007, No. 11). 



Article 3.1 . CIWMB—CIWMB Requirements 



§ 21 680. CIWMB— Reinstatement of Suspended and 
Revoked Permits. (T14:§18212) 

(a) If a permit has been suspended, it is reinstated without further ac- 
tion on the date specified in the suspension or upon completion of speci- 
fied acts. A suspended permit shall be due for review five years after its 
original issuance or last review or revision, including the period of sus- 
pension. 

(b) If a permit has been revoked, it may be reinstated by application, 
no less than one year after the effective date of the revocation and no less 
than one year after any similar application. Such an application shall be 
made in the manner specified in §21570 and shall be handled in the same 
manner as an application for a new permit; however, nothing in this sec- 
tion is intended to prevent the EA, hearing panel or hearing officer, or 
CIWMB from considering the revocation and grounds therefor in re- 
viewing the application. A permit reinstated after revocation shall be due 
for review five years after its reinstatement. 

(c) No less than one year after the effective date of the revocation and 
no less than one year after any similar petition, a person whose permit has 
been revoked may petition the EA for reduction of the penalty. If the peti- 
tion is denied, the person is entitled to a hearing before the hearing panel 
or hearing officer. 

[Comment: Suspension of a permit is a punitive or remedial action not 
intended to deprive the permit holder indefinitely of the right to operate. 
Revocation of a permit, a more severe action, closes the facility for at 
least one year, at the end of which the holder of the revoked permit may 
apply for reinstatement in the same manner as one applies for a permit 
for a new facility.] 

NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43103, 44500-44503 and 44817, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect amending subsections (b) and (c) filed 
10-17-2007 pursuant to section 100, title 1, California Code of Regulations 
(Register 2007, No. 42). 

§ 21685. CIWMB— Proposed Solid Waste Facilities Permit; 
CIWMB Processing Requirements. 
(T14:§1 8207, §17608) 

(a) The CIWMB shall stamp the proposed solid waste facilities permit 
with the date of receipt at the time the envelope is opened. The CIWMB 
shall consider each proposed solid waste facilities permit, any public tes- 
timony, and comments. Written comments may be submitted to the 
CIWMB and will become part of the CIWMB record. Such written com- 
ments shall be made available to the EA. 



(b) The CIWMB shall not concur in issuance of the proposed solid 
waste facilities permit for new and revised solid waste facilities permits, 
and the Executive Director of the CIWMB for modified solid waste faci- 
lities permits, if the following information, if applicable, has not been 
submitted to the EA and the CIWMB pursuant to Public Resources Code 
§44009: 

( 1 ) Complete and correct Report of Facility Information as certified by 
the EA, 

(2) EA's Solid Waste Facilities Permit Review Report pursuant to 
§21675. 

(3) EA's proposed solid waste facilities permit written pursuant to this 
Subchapter. 

(4)(A) Information that the facility is identified and described in or 
conforiTis with the County Solid Waste Management Plan (Public Re- 
sources Code §50000); and that the facility is consistent with the city or 
county General Plan and compatible with surrounding land use, in accor- 
dance with Public Resources Code §50000.5; or 

(B) After a county wide or regional agency integrated waste manage- 
ment plan has been approved by the CIWMB, the EA's finding that the 
facility has met the requirements of Public Resources Code §50001. 

(5) DocuiTientation sufficient for the CIWMB to deem that a Prelimi- 
nary or Final Closure/Postclosure Maintenance Plan is consistent with 
closure and postclosure maintenance state minimum standards (includ- 
ing, but not limited to. Chapters 3 and 4) for those portions of the plan 
subject to CIWMB jurisdiction, if applicable; 

(i) For closure plans submitted as part of a JTD, the determination 
whether the plans are consistent with state minimum standards shall be 
made within 60 days of the plans being considered complete pursuant to 
§2 1860(c). 

(ii) This preliminary determination shall constitute the staff recom- 
mendation for the Board consideration of concurrence with a solid waste 
facilities permit unless the application package, of which the JTD was a 
part, is amended or modified. 

(iii) This determination is solely for the Board consideration of con- 
currence with a solid waste facilities permit and does not constitute any 
final determination for the closure plans review process pursuant to 
§21860. 

(6) (A) Current documentation of acceptable funding levels for Finan- 
cial Assurances Documentation in accordance with Chapter 6, if applica- 
ble; and 

(B) Current documentation of compliance with Operating Liability 
Requirements, if applicable (Chapter 6). 

(7) The CIWMB shall ensure the facility is operating consistent with 
State Minimum Standards, pursuant to Subchapter 4 of Chapter 3 of this 
subdivision or applicable minimum standards in Title 14 (§17200 et 
seq.), 

(8) The EA finding that existing CEQA documentation is consistent 
with and supports the proposed solid waste facilities permit and RFI or 
supporting information indicating the EA has found that approval of the 
proposed solid waste facilities permit would not lead to any adverse envi- 
ronmental impacts and is exempt from the requirements of CEQA. 

(c) The CIWMB, with respect to new and revised solid waste facilities 
permits, and the Executive Director of the CIWMB, with respect to modi- 
fied solid waste facilities permits, shall either concur or object to the is- 
suance of the proposed solid waste facilities permit within sixty days of 
receipt, except as authorized by Public Resources Code §44009, or by 
operator's consent. If the CIWMB or Executive Director objects to a pro- 
posed solid waste facilities permit, it shall accompany its objection with 
an explanation of its action, which may suggest conditions or other 
amendments that may render the proposed solid waste facilities permit 
unobjectionable; however, such suggestions do not constitute approval 
of the proposed solid waste facilities permit subject to incorporation of 
the suggestions. The Executive Director shall report to the CIWMB on 
his or her concurrence or denial of modified permits at its next regularly 
scheduled meeting or via a memo, and post this information on the 
CIWMB 's web site or agenda. 



Page 660.6 



Register 2007, No. 42; 10-19-2007 



Title 27 



Solid Waste 



§ 21686 



(d) For the purposes of CIWMB's determination toeoncurin or to ob- 
ject to a proposed permit pursuant to 1(c) above, a facility that has landfill 
decomposition gases exceeding the compliance levels in §§20919.5 or 
20921. or at which a hazard or nuisance may exist pursuant to §20919. 
shall be considered to be consistent with Slate Minimum Standards speci- 
fied in §§20919. 20919.5, and 20921 for purposes of f (b)(8) of this sec- 
tion if all of the following requirements have been satisfied with respect 
to the facility (for the purposes of this subsection, "facility" includes 
"disposal site'"): 

( 1 ) The operator shall have delivered all notices to the EA and owner 
as required by §§20919, 20919.5. and 20937 as applicable. 

(A) The site-specific compliance level applicable to the facility shall 
be the lesser of that specified in (i) the facility's JTD/RFl. closure and 
postclosure maintenance plans, or the permit for the facility, or (ii) shall 
be the levels specified in §§20919.5 or 20921, as applicable. 

(B) The facility's compliance boundary for landfill decomposition gas 
migration shall be the permitted facility boundary or other alternate 
boundary within the permitted facility boundary approved by the EA. 

(2) The EA shall have forwarded to CIWMB all notifications received 
pursuant to ^(d)( 1 ) above. 

(3) Landfill gas monitoring has been and is being conducted at least 
monthly, at a minimum, after notice to the EA and shall continue until the 
operator has complied with the enforcement order issued pursuant to 
f(d)(6) below. 

(4) The EA has determined that landfill decomposition gas generated 
by the facility does not constitute an imminent and substantial threat to 
public health and safety or the environment. 

(A) For purposes of this section, an imminent and substantial threat to 
public health and safety or the environment is defined as a condition 
which is creating a substantial probability of harm, when the probability 
and potential extent of harm make it reasonably necessary to take im- 
mediate action to prevent, reduce, or mitigate the harm to persons, prop- 
erty, natural resources, or the public health or safety. 

(5) The EA has determined that to come into compliance with 
§§209 1 9, 209 19.5, and 2092 1 it will take the operator longer than 90 days 
due to the time it takes to plan and implement appropriate corrective mea- 
sures. 

(6) The facility is operating under an enforcement order issued to the 
operator and which meets all of the following requirements: 

(A) The order was issued pursuant to 14 CCR §18304.1(a)(3) and in- 
cludes a compliance schedule for bringing the facility into compliance 
with §§20919. 20919.5. and 20921. 

(B) A final order has been issued pursuant to 14 CCR §18304.2. 

(C) A copy of the proposed order and any amended order proposed by 
the EA was provided to the CIWMB for review and comment prior to its 
issuance. 

(7) The EA has reviewed and approved and the CIWMB has reviewed 
all investigation reports or results, proposed workplans. or proposed gas 
mitigation measures submitted pursuant to the enforcement order issued 
pursuant to 1(d)(6). 

(A) If possible, all parties shall mutually agree to time frames for EA 
and CIWMB review of the submitted documents so that all reviews can 
be completed expeditiously. In the event agreement cannot be reached, 
the EA and CIWMB shall determine the schedules for their reviews. 

(8) The operator is in compliance with the approved gas mitigation 
measures or workplan approved by the EA and specified in the enforce- 
ment order. 

(A) If the operator fails to comply with the enforcement order, the EA 



shall, as necessary and appropriate: 

(i) Take additional enforcement action, which may include the imposi- 
tion of administrative civil penalties in an amount from one hundred dol- 
lars ($1 00) up to five thousand dollars ($5,000) for each day on which a 
violation occurs pursuant to §4501 1 of the Public Resources Code, or 

(ii) Take direct cleanup action pursuant to an appropriate enforcement 
order. 

(B) If the EA fails to take appropriate enforcement action as specified 
in 14 CCR § 18084(d). CIWMB may take enforcement action pursuant 
to 14 CCR §18350. 

(C) If the CIWMB takes enforcement action in lieu of the EA. any re- 
quired public hearing shall be conducted by the CIWMB Executive Di- 
rector or his/her designee. 

(9) For facilities that propose a facility property boundary expansion, 
a footprint expansion, or any other increase in facility capacity as part of 
the permit application, investigations or analyses respecting landfill de- 
composition gases at the facility must have been conducted by the opera- 
tor prior to the submittal of the permit application to the EA and the re- 
sults of such investigations and analyses shall be submitted to the EA. 
CIWMB, RWQCB, APCD/AQMD. and any other appropriate agency 
prior to or concurrent with the permit application. 

(A) The investigations or analyses shall evaluate: 

(i) Whether the proposed expansion may increase the magnitude or 
complexity of the noncompliance with §§20919, 20919.5. and 20921. 

(ii) Whether the proposed expansion may cause potential impacts to 
water quality and air quality or other impacts outside the jurisdiction of 
the EA. 

(B) If the results of the investigations and analyses conducted pursuant 
to 1(d)(9)(A)(i) warrant, the operator shall include an analysis and addi- 
tional feasible control measures as part of the gas mitigation measures or 
workplan specified in the order required by 1(d)(6). 

(e) If an applicant or enforcement agency requests that revisions, addi- 
tions or amendments be considered, these will be considered in accor- 
dance with the conditions specified in §21580 and 1(f) of §2 1650 respec- 
tively. 

NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43103, 44007-44010 and 44014, Public Resources Code. 

History 

1. New article 3.1 (sections 21685-21686) and section filed 6-18-97; operative 
7-18-97 (Register 97, No. 25). 

2. Change without regulatory effect redesignating and amending former subsec- 
tion (b)(7)(C) to subsection (b)(8), and redesignating former subsection (b)(8) 
to subsection (b)(9) filed 3-8-99 pursuant to section 100, title I, California 
Code of Regulations (Register 99, No. 1 1 ). 

3. Amendment of subsections (b)(1) and (b)(5) and new subsections (b)(5)(i )-(iii) 
filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 
1 1343.4 (Register 2003, No. 9). 

4. New subsections (d)-(d)(9)(B) and subsection relettering filed 1 1-17-2005; 
operative 12-17-2005 (Register 2005, No. 46). 

5. Amendment of section heading and .section filed 3-14-2007; operative 
4-13-2007 (Register 2007, No. 11). 

§ 21 686. CIWMB— Change in Owner/Operator and/or 
Address, (new) 

Within 20 days of receipt of the notification pursuant to §21630, the 
CIWMB shall provide a written determination of the adequacy of the fi- 
nancial assurances and operating liability. 

NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code. Refer- 
ence: Sections 43103, 44007^14010, and 44014. Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97. No. 25). 



[The next page is 66 1 . 



Page 660.7 



Register 2007, No. 42; 10-19-2007 



Title 27 



Solid Waste 



§21710 



Article 3.2. CIWMB— Other Requirements 

§ 21 690. CIWMB— Report of Woodwaste Disposal Site 
Information. [Reserved] 

Article 4. SWRCB— Development of Waste 
Discharge Requirements (WDRs) 

§ 21 71 0. SWRCB— Report of Waste Discharge (ROWD) 
and Other Reporting Requirements. 
[C15:§2590] 

(a) General — Any person diseharging or proposing to discharge solid 
waste to land where water quality could be affected as a result of such dis- 
charge shall submit to the RWQCB a report of waste discharge (ROWD). 
unless the report is waived by the RWQCB; nevertheless, the RWQCB 
shall not waive the report for any MSW landfill subject to regulation un- 
der SWRCB Resolution No. 93-62. After July 18. 1997, any'person pro- 
posing to discharge solid waste at a waste management unit (Unit) that 
is subject to regulation by both the CIWMB/EA and the RWQCB shall 
make all ROWD submittals (including updates to a previously submitted 
ROWD) in the form of a Joint Technical Document (JTD), as provided 
in §21585. After July 18. 1997. this reporting requirement also apphes 
to the expansion of the RWQCB-Permitted Area of a new or existing 
Unit and to the development of new Units at an existing facility. Dis- 
chargers shall submit any applicable information required by this article 
to the RWQCB upon request. Dischargers shall provide information on 
waste characteristics, geologic and climatologic characteristics of the 
Unit and the surrounding region, installed features, operation plans for 
waste containment, precipitation and drainage controls, and closure and 
post-closure maintenance plans as set forth in §§21740, 21750. 21760, 
and 2 1 769. For non-MSW Class III landfills, the RWQCB can waive the 
submittal of information it deems unnecessary to rendering a decision on 
the issuance of appropriate WDRs. 

(1) [Reserved.] 

(2) Final Closure/Post-Closure Plan— For Class II and III Units, a Fi- 
nal Closure and Post-Closure Maintenance Plan shall be submitted with 
the closure notice required by f(c)(5), unless, for landfill Units, the 
CIWMB requires submittal at an earlier date. 

(3) Waiving Post-Closure Maintenance — The RWQCB can waive the 
post-closure portion of the report if the discharger successfully com- 
pletes clean-closure pursuant to §21090(0 [for landfills], §2]400(b)(l) 
[for surface impoundments], or §2i410(a)(l) [for waste piles], or if the 
RWQCB finds that post-closure maintenance is not necessary to prevent 
adverse impacts on waters of the state; provided that the RWQCB shall 
not waive post-closure maintenance for an MSW landfill subject to 
SWRCB Resolution No. 93-62 unless the Unit has been clean- closed. 
[Note: see also §21900 for corresponding CIWMB requirements.] 

(4) Notification of Change — The discharger shall notify the RWQCB 
of changes in information submitted under the applicable SWRCB-pro- 
mulgated requirements of this division, including any material change in: 
the types, quantities, or concentrations of wastes discharged; site opera- 
tions and features; or proposed closure procedures, including changes in 
cost estimates. The discharger shall notify the RWQCB a reasonable time 
before the changes are made or become effective. No changes shall be 
made without RWQCB approval following authorization for closure pur- 
suant to the site closure notice required by *I(c)(5). 

(5) Construction Quality Assurance Plan (CQA Plan). 

(A) Submittal (new Units) — For Units constructed (or reconstructed) 
after July 18, 1997, the discharger shall submit a preliminary CQA Plan 
as an integral or separable part of the initial ROWD/JTD under ^(a). The 
discharger shall make such changes to the CQA Plan as may be necessary 
to maintain continued compliance with §§20323 and 20324 {e.g., in the 
event of design changes, or as directed by the RWQCB). For a revised 



CQA Plan, the discharger shall submit the revised portions of the plan at 
least two weeks before beginning construction of any liner system or cov- 
er systein. 

(B) Submittal (existing Units) — For existing Units that do not have a 
CQA Plan meeting all the foregoing requirements, the discharger shall 
submit such a plan, or submit suitable modifications to an existing plan, 
prior to constructing, installing, or modifying any engineered leature at 
the Unit. In the absence of such construction, installation, or modifica- 
tion, the discharger shall make this submittal as part of whichever of the 
following documents is submitted first: 

1. the final closure and post-closure plan under '[[(a)(2); or 

2. in the event that a release is discovered, as part of the proposed cor- 
rective action program under §20425(d). 

(b) ROWDAVDR Out-Of-Date or Nonexistent— Dischargers who 
own or operate a new or existing Unit which has not been classi fied under 
previous versions of these regulations, or for which the discharger has not 
submitted a report of waste discharge (ROWD) before July 18, 1997, 
shall notify the RWQCB of the existence of their Unit prior to July 1 8, 
1998 and shall submit a ROWD which complies with '][(a) before July 1 8, 
1999, together with the appropriate filing fee. Dischargers who own or 
operate an existing Unit for which WDRs were last revised before No- 
vember 27, 1984, shall submit a ROWD which complies with 0(a) to the 
RWQCB, together with the appropriate filing fee, on request. 

(c) Notification. 

(1) Change of Ownership — TTie discharger shall notify the RWQCB 
in writing of any proposed change of ownership or responsibility for con- 
struction, operation, closure, or post-closure maintenance of a Unit. This 
notification shall be given prior to the effective date of the change and 
shall include a statement by the new discharger that construction, opera- 
tion, closure, and post-closure maintenance will be in compliance with 
any existing WDRs and any revisions thereof. The RWQCB shall amend 
the existing WDRs to name the new discharger. 

(2) Response to Failure — The discharger shall promptly notify the 
RWQCB of any slope failure, occurring at the Unit. The discharger shall 
promptly correct any failure which threatens the integrity of containment 
features or the Unit, after approval of the method, in accordance with a 
schedule established by the RWQCB. 

(3) Leachate Production Change Nofification — The discharger shall 
notify the RWQCB within seven days if fluid is detected in a previously 
dry leachate collection and removal system or unsaturated zone monitor- 
ing system, or if a progressive increase is detected in the volume of fluid 
in a leachate collecfion and removal system. 

(4) Monitoring Reports and Nofifications — The discharger shall com- 
ply with the notification (and other submittal) requirements in Article 1 . 
Subchapter 3. Chapter 3 of this division (§20380 et seq.). 

(5) Notification of Closure. 

(A) Landfills — For landfills subject to the CIWMB-promulgated reg- 
ulations of this division, the discharger shall nofify the RWQCB that the 
Unit is to be closed, and shall provide such nofice either at the same time 
as for the CIWMB, under §21 1 10, or 1 80 days prior to beginning any fi- 
nal closure activities (for the entire Unit or portion thereof), whichever 
is sooner. 

(B) Other Units— For Units not subject to the CIWMB-promulgated 
regulations of this division, the discharger shall notify the RWQCB of 
Units to be closed at least 180 days prior to beginning any final closure 
activities, unless the RWQCB specifies a shorter interval in the WDRs 
for such a Unit. 

(C) Affirmafion — The notice provided pursuant to '[[(c)(5)(A or B) 
shall include a statement that all closure acfivities will conform to the 
most recently approved closure plan and that the plan provides for site 
closure in compliance with all applicable federal and state regulations. 

(6) Closure Completion Notice — The owner or operator of a Unit shall 
notify the RWQCB within 30 days after the complefion of all closure acti- 
vities for a Unit [or portion thereof, in the case of a landfill undergoing 
incremental closure under §21090(b)( 1)(D)]. The discharger shall certi- 
fy under penalty of perjury that all closure activities were performed in 



Page 661 



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§ 21720 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



accordance with the most recently approved final closure plan and in ac- 
cordance with all applicable regulations. The discharger shall certify that 
closed Units shall be maintained in accordance with an approved post- 
closure maintenance plan unless post-closure maintenance has been 
waived pursuant to <|(a)(3). 

(d) Appropriate Professional — Any report submitted under this sec- 
tion or any amendment or revision thereto which proposes a design or de- 
sign change (or which notes occurrences) that might affect a Unit's con- 
tainment features or monitoring systems shall be approved by a 
registered civil engineer or a certified engineering geologist. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172. 
13260 and 13267. Water Code; and Section 43103, Piibhc Resources Code. 

History 
1. New article 4 (sections 21710-21760) and section filed 6-18-97; operative 

7-18-97 (Register 97, No. 25). 

§ 21720. SWRCB— Waste Discharge Requirements 
(WDRs).(C15:§2591) 

(a) WDR Scope & Purpose— The RWQCB shall adopt waste dis- 
charge requirements (WDRs) that implement the applicable provisions 
of this title. 

(b) WDR Revision— The RWQCB shall revise WDRs as necessary to 
implement the provisions of this title. 

(c) Reclassification — Unit classifications and WDRs for existing 
Units shall be fully reviewed in accordance with schedules established 
by the RWQCB. The WDRs shall be revised to incorporate reclassifica- 
tion and retrofitting requirements as provided in §20080(e) and §20310, 
and to comply with applicable monitoring and response programs re- 
quired under Article 1, Subchapter 3, Chapter 3 of this division (§20380 
et seq.). The RWQCB shall specify in WDRs the schedule for retrofitting 
of existing Units. All retrofitting shall be complete within five years from 
the issuance of the revised WDRs. 

(d) Local Agencies — WDRs for new Units or for expansion of Units 
beyond the RWQCB- Permitted Area on July 18, 1997 shall not be effec- 
tive until the RWQCB is notified that all local agencies with jurisdiction 
to regulate land use, solid waste disposal, air pollution, and to protect 
public health have approved use of the site for discharges of waste to 
land. 

(e) Consolidation of Requirements at Multi-Unit Facilities — At the 
discretion of the RWQCB, WDRs for all Units in a single facility can be 
combined into a single set of WDRs applicable to the facility as a whole 
and to each respective Unit within the facility, but only if the require- 
ments that apply to each respective Unit are clearly identified. Likewise, 
the RWQCB can consolidate the requirements relating to precipitation 
and drainage control systems for two or more adjacent Units, provided 
that such consolidated requirements reflect standards for the highest clas- 
sification of Unit involved. Each solid waste Unit at a facility shall have 
its own respective monitoring program(s) under Article 1 , Subchapter 3, 
Chapter 3 of this division (§20380 et seq.); nevertheless. Units can share 
Monitoring Points, Background Monitoring Points, sampling efforts, 
and reporting periods to the degree that the RWQCB concurs that such 
sharing does not interfere with achieving the goal of the monitoring pro- 
gram(s) at each respective Unit. 

(0 Records — The discharger shall be required to maintain legible re- 
cords of the volume and type of each waste discharged at each Unit and 
the manner and (for Units other than surface impoundments) location of 
discharge. Such records shall be on forms approved by the SWRCB or 
RWQCB and shall be maintained at the waste management facility until 
the beginning of the post-closure maintenance period. These records 
shall be available for review by representatives of the SWRCB and 
RWQCB at any time during normal business hours. At the beginning of 
the post-closure maintenance period, copies of these records shall be sent 
to the RWQCB. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 
13263, Water Code; and Section 43103, Public Resources Code. 



History 
1 . New section filed 6-18-97; operaUve 7-18-97 (Register 97, No. 25). 

§ 21 730. SWRCB— Public Participation. (C1 5: §2592) 

(a) Notification Of Interested Parties — To ensure adequate public par- 
ticipation in any RWQCB proceeding relating to land disposal of wastes, 
the following persons and entities shall receive individual notice of any 
public hearing or board meeting either involving the classification of 
Units or involving the issuance or revision of WDRs for classified Units 
subject to this division: 

( 1 ) the discharger and responsible public agencies; 

(2) news media serving the county as well as communities within five 
miles of the Unit; 

(3) citizens groups representing local residents; 

(4) environmental organizations in affected counties; 

(5) interested industrial organizations; and 

(6) for an MSW landfill at which a release has migrated beyond the fa- 
cility boundary, any persons requiring notification pursuant to SWRCB 
Resolution No. 93-62 [see 40CFR258.55(g)(l)(iii)]. 

(b) Notice Requirements — Notice of hearings or meetings related to 
Units, or to discharges subject to this division, shall be given not less than 
45 days before the meeting at which such actions will be taken, and co- 
pies of the agenda package shall be available not less than 30 days before 
the meeting. Nevertheless: 

( 1 ) enforcement actions involving releases of hazardous wastes can be 
taken at meetings which comply only with the shorter ( 1 0-day) notice re- 
quirements of the Cahfomia Slate Body Open Meetings Act; and 

(2) emergency actions [as described in §647. 2(d) Government Code)] 
taken by the RWQCB are exempt from public participation and notice 
requirements. 

(c) Public Input Regarding a Proposed Corrective Action Pro- 
gram — Regarding the adoption of corrective action measures for an 
MSW landfill, including any hearing preparatory to such adoption, the 
RWQCB shall meet the federal requirements incorporated by reference 
into SWRCB Resolution No. 93-62 [i.e., see §258.56(c & d) and §258.57 
of40CFR258]. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 
13260 and 13302, Water Code; and Section 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 

§ 21 740. SWRCB— Waste Characteristics. (CI 5: §2594) 

(a) ROWD To Include — Dischargers shall provide in the report of 
waste discharge ("ROWD," including any such report that is integrated 
into a Joint Technical Document, pursuant to §21750) the following in- 
formation about the characteristics of wastes to be discharged at each 
waste management unit (Unit) addressed by the ROWD. 

(1) Constituents & Reference Numbers — A list of the types, quanti- 
ties, and concentrations of wastes proposed to be discharged at each Unit. 
Wastes and known waste constituents shall be specifically identified ac- 
cording to the most descriptive nomenclature. A listing of all anticipated 
hazardous constituents that could be discharged to the Unit {e.g., house- 
hold hazardous waste discharged to an MSW landfill might include con- 
stituents listed in Appendix II to 40CFR258)\ where available, this listing 
shall include constituent (or waste) reference numbers from listings es- 
tablished by DTSC or USEPA (e.g.. Appendix IX to §66264 of Title 22 
of this code). 

(2) TSD Methods — A description of proposed treatment, storage, and 
disposal methods. 

(3) Expected Decomposition Products/Rate — An analysis of proj- 
ected waste decomposition processes for each Unit indicating intermedi- 
ate and final decomposition products and the period during which de- 
composition will continue following discharge. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13301 and 
13304, Water Code; and Section 43103, Public Resources Code. 

History 

1. New secfion filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Page 662 



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Title 27 



Solid Waste 



§ 21750 



• 



§ 21 750. SWRCB— Waste Management Unit (Unit) 

Characteristics and Attributes to Be Described 
in tlie ROWD. [CI 5: §2595 & §2547(a) // T14: 
§17777, §18260, §18263, & §18264] 

(a) Identify Potential Impairment — Dischargers shall provide in the 
report of waste discharge ("ROWD", including any such report inte- 
grated into a Joint Technical Document (JTD). pursuant to §21585) an 
analysis describing how the ground and surface water could affect the 
Unit and how the Unit, including how any waste, if it escapes from the 
Unit, could affect the beneficial uses of ground water bodies (including, 
but not limited to. any aquifers underlying the facility) and surface water 
bodies. The RWQCB shall use this information to determine the suitabil- 
ity of the Unit with respect to ground water protection and avoidance of 
geologic hazards and to demonstrate that the Unit meets the classification 
criteria set forth in Article 3, Subchapter 2. Chapter 3, Subdivision 1 of 
this division (§20240 et seq.). 

(b) Support Proposed Classification — Dischargers shall provide the 
data required by this section regarding the physical characteristics of the 
Unit and the surrounding region in order to demonstrate suitability for the 
appropriate Unit classification. The ROWD shall present this informa- 
tion in understandable written, tabular, and graphic format, as appropri- 
ate, and this information shall be at a level of detail appropriate to support 
the RWQCB's approving the Unit's proposed classification. Maps. 
plans, diagrams, and other graphics shall be prepared to appropriate scale 
and each shall include a legend identifying the information presented. All 
sources of data shall be identified. 

(c) Restate, Where Appropriate — If a report submitted by a discharger 
refers to another source, the relevant information from that source shall 
be restated in the report. If the source is not generally available, the rele- 
vant portion(s) of the source shall be included verbatim in the report as 
an appendix. 

(d) Topography. 

( 1 ) Topographic Map — A map of the Unit and its surrounding region 
within one mile of the perimeter of the Unit, showing elevation contours, 
natural ground slopes, drainage patterns, and other topographic features. 

(2) Floodplain — Identification of whether the facility is located within 
a 100-year floodplain. This identification must indicate the source of 
data for such determination and include a copy of the relevant Federal 
Emergency Management Agency (FEMA) flood map, if used, or the cal- 
culations and maps used where a FEMA map is not available. The sub- 
mittal shall also identify the 100-year floodplain and any other special 
flooding factors (e.g. wave action) which must be considered in design- 
ing, constructing, operating, or maintaining the facility to withstand 
washout from a 100-year flood. Dischargers having facilities located in 
the 100-year floodplain shall provide the following information: 

(A) engineering analysis to indicate the various hydrodynamic and hy- 
drostatic forces expected to result at the site as consequence of a 
100-year flood; 

(B) structural or other engineering studies showing the design of Units 
and flood protection devices {e.g., floodwalls, dikes) at the facility and 
how these will prevent washout; and 

(C) landfills accepting municipal solid waste shall demonstrate that: 

1. for Class II landfills, the Unit meets the flooding requirements of 
§20250(c); or 

2. for Class III landfills, the Unit meets the requirements of §20260(c). 

(e) Climatology — Dischargers shall calculate required climatologic 
values for Units from measurements made at a nearby climatologically 
similar station. In addition to the required calculations for each Unit, dis- 
chargers shall provide the source data from which such values were cal- 
culated, together with the name, location, and period of record of the 
measuring station. 

( I ) Isohyetal Map — A map showing isohyetal contours for the pro- 
posed Unit and its surrounding region within ten miles of the facility pe- 
rimeter, based on data provided by the National Weather Service or other 
recognized federal, state, local, or private agencies. 



(2) Precipitation — Estimated maximum and minimum annual precipi- 
tation at the proposed Unit. 

(3) Design Storm — Maximum expected 24-hour precipitation for the 
Unit's design storm [i.e., for storm conditions specified as design criteria 
for the particular class of Unit as prescribed in Table 4. 1 of Article 4, Sub- 
chapter 2, Chapter 3, Subdivision 1 of this division]. 

(4) Evapotranspiration — Estimated mean, minimum, and maximum 
evaporation, with the months of occurrence of maximum and minimum 
evaporafion, for the Unit. 

(5) Runoff Volume/Pattern — Projected volume and pattern o\' runoff 
for the Unit including peak stream discharges associated with the storm 
conditions specified as design criteria for the particular class of Unit, as 
prescribed in Table 4. 1 of Article 4. Subchapter 2. Chapter 3. Subdivision 
1 of this division. 

(6) Wind Rose — An estimated wind rose for the Unit showing wind 
direction, velocity, and percentage of time for the indicated direction. 

(f) Geology. 

(1) Map and Cross-Sections — A comprehensive geologic map and 
geologic cross-sections of the Unit showing lithology and structural fea- 
tures. Cross-sections shall be indexed to the geologic map and shall be 
located to best portray geologic features relevant to discharge operations. 

(2) Materials — A description of natural geologic materials in and un- 
derlying the location of both the Unit and its surroundings, including 
identification of each rock's type, relative age, distribution and dimen- 
sion features, physical characteristics, special physical or chemical fea- 
tures {e.g., alteration other than weathering), distribution, the extent of 
any weathered zones, susceptibility to natural surface/near-surface pro- 
cesses, and all other pertinent lithologic data, all in accordance with cur- 
rent industry-wide practice [e.g., California Division of Mines and Geol- 
ogy's (CDMG's) Note 44 Guidelines for Preparing Engineering 
Geologic Reports (April, 1986)]. 

(3) Geologic Structure — A description of the natural geologic struc- 
ture of materials underlying the location of the Unit and its surroundings, 
including: the atutude of bedding (if any); thickness of beds (if any); the 
location, attitude, and condition (tight, open, clay- or gypsum-filled, 
etc.) of any fractures; the nature, type (anticlinal, synclinal, etc.) and 
orientation of any folds; the location (surface and subsurface), age. type 
of surface displacement, attitude, and nature [e.g., aperture, amount of 
brecciation, degree of alteration and type of alteration products {tight, 
gouge-filled, etc.)] of any faults; and all other pertinent, related structural 
data, (all of the foregoing) in accordance with current industry-wide 
practices [e.g., CDMG's Note 42 "Guidelines to Geologic/Seismic Re- 
ports" (May, J 986), and CDMG Note 49 "Guidelines for Evaluating the 
Hazard of Surface Fault Rupture " (May, 1986)]. 

(4) Engineering and Chemical Properties — The results of a testing and 
estimation program, carried out by a registered civil engineer or certified 
engineering geologist, as needed to formulate and support detailed site 
design criteria, including: 

(A) determination of engineering and chemical properties of geologic 
materials underlying and surrounding the Unit, and of the Unit's contain- 
ment structure components (i.e., liner, LCRS. and final cover compo- 
nents); 

(B) determination, or estimation, of the engineering and chemical 
properties of the waste and other layers placed, or to be placed, within the 
Unit. 

(5) Stability Analysis — A stability analysis, including a determination 
of the expected peak ground acceleration at the Unit associated with the 
maximum credible earthquake (for Class II waste management units) or 
the maximum probable earthquake (for Class III landfills). This stability 
analysis shall be included as part of the ROWD (or JTD) for the proposed 
Unit, and an updated stability analysis (if the original analysis no longer 
reflects the conditions at the Unit) shall be included as part of the final 
closure and post-closure maintenance plan. The methodology used in the 
stability analysis shall consider regional and local seismic conditions and 
faulting. Data and procedures shall be consistent with current practice 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



and shall be based on an identified procedure or publication. The stability 
analyses shall include modifications to allow for site-specific surface 
and subsurface conditions. The peak ground acceleration so determined 
shall be the stability and factors of safety for all embankments, cut slopes, 
and associated landfills during the design life of the unit. For landfills and 
for waste piles and surface impoundments closed as landfills, final cover 
slopes shall be designed in compliance with the slope requirements of 
§21090. 

(A) The stability analysis shall ensure the integrity of the Unit, includ- 
ing its foundation, final slopes, and containment systems under both stat- 
ic and dynamic conditions throughout the Unit's life, closure period, and 
post-closure maintenance period. The stability analysis shall include: 

1 . the method used to calculate the factors of safety (e.g.. Bishop' s mo- 
dified method of slices. Fellinius circle method, etc.); 

2. the name of any computer program used to determine the factors of 
safety; and 

3. a description of the various assumptions used in the stability analy- 
ses (height of fill, slope-and-bench configuration, etc.). 

(B) Tlie stability analysis shall address all portions of the Unit and its 
immediate surroundings that are located in areas subject to liquefaction 
or unstable areas with poor foundation conditions, as identified either in 
the ROWD or in the Seismic Safety Element of the County General Plan, 
and shall address all portions of the Unit that incorporate geomembranes 
as part of the Unit foundation or containment system (including the final 
cover). 

(C) The stability analysis shall be prepared by a registered civil engi- 
neer or certified engineering geologist. Except as otherwise provided in 
'][(f)(3)(D), the report must indicate a factor of safety for the critical slope 
of at least 1 .5 under dynamic conditions. Regardless of the analysis meth- 
od used, the stability analysis report shall include at least the following 
elements: 

1 . report preparation shall be in accordance with CDMG Note Number 
42, "Guidelines for Geologic/Seismic Reports," May 1986, and CDMG 
Note Number 44, "Guidelines for Preparing Engineering Geologic Re- 
ports," April 1986, [both available from the California Division of Mines 
and Geology (CDMG), 801 K Street, MS14-34, Sacramento, CA 95814- 
3532, phone 916-445-5716] which are both incorporated by reference, 
and shall include the following seismicity elements: 

a. a review of earthquakes during historic times; 

b. location of active major faults; and 

c. surface investigation of the site and surrounding area; 

2. the location of the critical slope and other slopes analyzed to deter- 
mine the critical slope shall be shown in map view; 

3. calculations used to determine the critical slope; 

4. a profile of the critical slope geometry showing the various layers 
including the proposed fill surface, final cover, mitigation berms. lifts or 
cells of waste, fluid levels, or any feature that may serve to reduce the sta- 
bility of the slope or may represent a potential failure surface; and the pro- 
posed ground surface, soil or rock layers and structural features; 

5. the engineering properties of the refuse and other layers making up 
the site, shall be analyzed when determining the critical slope. These 
properties shall include a site-specific assessment of the strength param- 
eters, the unit weight and, if using *][(f)(5)(D), the shear wave velocity of 
each of these layers; 

6. an assessment of the engineering properties of the underlying foun- 
dation materials under both static and dynamic conditions based on field 
and laboratory tests as determined necessary by a registered civil engi- 
neer or certified engineering geologist; 

7. the maximum expected horizontal acceleration in rock at the site de- 
termined for the design earthquake for the Unit under §20370 [i.e., for 
Class II Units, the maximum credible earthquake (MCE), and for Class 
III Units, at least the maximum probable earthquake (MPE)], as sup- 
ported by data and analysis. For Class III landfills, the maximum ex- 
pected acceleration in rock from the MCE can be used instead of the 
MPE; 



8. seismic shaking parameters other than acceleration shall also be in- 
cluded in any assessment of dynamic slope stability. These parameters 
shall include at least earthquake magnitude and duration; 

9. documentation of any peer-reviewed reduction factor for accelera- 
tion applied to attenuate the accelerafion through the soil column or fill 
materials; and 

10. documentation, as part of the dynamic stability determinafion, of 
any peer-reviewed amplification factor used for acceleration in loose 
saturated soils, if the Unit is located in an area subject to liquefaction, 
poor foundation conditions, or seismic amplification. 

(D) In lieu of achieving a factor of safety of 1 .5 under dynamic condi- 
tions, pursuant to 1(0(5)(C). the discharger can utilize a more rigorous 
analytical method that provides a quantified estimate of the magnitude 
of movement. In this case, the report shall demonstrate that this amount 
of movement can be accommodated without jeopardizing the integrity of 
the Unit's foundation or the structures which control leachate, surface 
drainage, erosion, or gas. 

(6) [Reserved.] 

(7) Fault Identification & Proximity — Dischargers who own or oper- 
ate new Class II Units [including expansions (of new or existing Units) 
built after November 27, 1984] shall idenUfy any known Holocene fault 
within 200 feet of the facihty (including any porfions of such a fault un- 
derlying the Unit) in accordance with a procedure approved by the 
RWQCB. Dischargers who own or operate new Class III landfills [in- 
cluding expansions (of new or existing) landfills] shall identify any 
known Holocene fault underlying the landfill according to a procedure 
approved by the RWQCB. After July 18, 1997, dischargers required to 
submit a slope stability report, under f (f)(5), shall provide a review of 
historical seismicity within a 100 km (62 mile) radius of the facility, in- 
cluding the name of the fault, type of faulting, activity on the fault, design 
event for the fault (for Class II Units, the fault' s MCE, for Class III Units, 
the fault's MPE), distance from the facility, the expected ground motions 
(horizontal and vertical) at the facility resulting from the fault's design 
event, the expected durafion of strong motion at the site resulting from 
the fault's design event, and an estimation of the cumulafive duration of 
strong motion from aftershocks. 

(g) Hydrogeology. 

(1) General — An evaluation of the water-bearing characteristics of 
the natural geologic materials identified under '][(f)(2)including determi- 
nation of hydraulic conductivity, delineation of all ground water zones 
and basic data used to determine the above. 

(2) Hydraulic Conducfivity — An evaluation of the in-place hydraulic 
conductivity of soils immediately underlying the Unit. This evaluation 
shall include: 

(A) hydraulic conductivity data, in tabular form, for selected locations 
within the perimeter of the Unit; 

(B) a map of the unit showing test locations where these hydraulic con- 
ductivity data were obtained; and 

(C) an evaluation of the test procedures and rationale used to obtain 
these hydraulic conductivity data. 

(3) Flow Direction(s) — An evaluation of the perennial direction(s) of 
ground water movement within the uppermost ground water zone(s) 
within one mile of the waste management facility's perimeter. 

(4) Capillary Rise — Estimates of the height to which water rises due 
to capillary forces above the uppermost ground water zone(s) beneath 
and within one mile of the waste management facility perimeter. These 
estimates shall include an evaluation of the methods and rationale used 
in their development. 

(5) Springs — A map showing the location of all springs within the 
waste management facility and within one mile of its perimeter. The map 
shall be accompanied by tabular data indicating the flow and the mineral 
quality of the water from each spring. 

(6) Water Quality — An evaluation, supported by water quality analy- 
ses, of the quality of water known to exist under or within one mile of the 
waste management facility's perimeter, including all data necessary to 



• 



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§21760 



establish the water quality protection standard (Water Standard) for the 
Unit, under §20390. 

(7) Background — A tabulation of background water quality for all 
applicable Monitoring Parameters and indicator parameters identified 
for each applicable monitoring program under §§20420-20435 and for 
all Constituent of Concern (COCs) identified under §20395. 

(A) Background water quality for an indicator parameter. Monitoring 
Parameter or COC in ground water shall be based on data from quarterly 
sampling of wells upgradient from the Unit for one year. These analyses 
shall: 

1. account for measurement errors in sampling and analysis; and 

2. account for seasonal fluctuations in background water quality, if 
such fluctuations are expected to affect the concentration of the waste 
constituent. 

(B) In case an evaluation monitoring program is initiated prior to ful- 
filling the requirements of *Jl(g)(7)(A), the discharger shall, where feasi- 
ble, establish background water quality based on a combination of all 
background data then available — including ( 1 ) all background data so far 
taken to satisfy 'J[(g)(7)(A), (2) all background data obtained during accel- 
erated sampling efforts under §20425(b), and (3) all appropriate water 
quality data from before WDRs were issued — in lieu of the one-year 
monitoring program under f (g)(7)(A). 

(C) Background water quality of ground water shall be based on sam- 
pling of wells that are not upgradient from the Unit only where: 

1 . hydrogeologic conditions do not allow the determination of the up- 
gradient direction; or 

2. sampling at other wells will provide a representative indication of 
background water quality. 

(D) In developing the data base used to determine a background value 
for each indicator parameter or waste constituent in ground water, the 
discharger shall lake a minimum of one sample from each well used to 
determine background. A minimum of four samples shall be taken from 
the entire system used to determine background water quality, each time 
the system is sampled. In a case where there is only one background well, 
the four measurements per quarter shall be obtained by taking four inde- 
pendent samples, pursuant to §20415(e)(12)(B), and conducting sepa- 
rate analyses for each such sample. 

(h) Land and Water Use. 

(1 ) Well Map — A map showing the locations of all water wells, oil 
wells, and geothermal wells within the facility boundary and showing the 
locations of all such wells within one mile outside of the facility bound- 
ary. 

(2) Well Owner — Name and address of the owner of each well indi- 
cated in 1(h)(1). 

(3) Well Information — Well information, where available, for each 
water well indicated in 1(h)( 1 ) including, but not limited to: 

(A) total depth of well; 

(B) diameter of casing at ground surface and at total depth; 

(C) type of well construction (cable-tool, rotary, etc.); 

(D) depth and type of perforations; 

(E) name and address of well driller; 

(F) year of well construction; 

(G) use of well (agricultural, domestic, stock watering, etc.); 
(H) depth and type of seals; 

(I) lithologic, geophysical, and other types of well logs, if available; 
and 

(J) water levels, pump tests, water quality, and other well data, if avail- 
able. 

(4) Land Use — Current land use within one mile of the perimeter of 
the Unit, including: 

(A) types of land use {e.g., residential, commercial, industrial, agri- 
cultural, recreational, etc.); 

(B) types of crops; 

(C) types of livestock; and 

(D) number and location of dwelling units. 



(5) G.W. Use — Current and estimated future use of ground water with- 
in one mile of the facility perimeter. 

(i) Preliminary Closure Plan — For any proposed Unit (including a pro- 
posed lateral expansion of a Unit's RWQCB-Permitted Area) and for 
any Unit not yet required to undergo final closure, the ROWD shall con- 
tain a preliminary closure and post-closure maintenance plan, under 
§21769. containing a generalized cost estimate for closure costs and for 
annualized post-closure costs, supported by sufflcient detail to validate 
the plausibility of the estimate. For any Unit (or portion thereof, in the 
case of a landfill undergoing complete final closure of a portion of the 
Unit) that is closing (or that is required to close), the ROWD shall be 
amended to contain a final closure plan, under §21769, containing suffl- 
cient detail for the RWQCB to validate that the closed Unit will meet all 
applicable SWRCB-promulgated closure-related requirements of this 
title, and containing an updated, itemized closure cost estimate. 

NOTE; Authority cited: Section lO.SS, WaterCode. Reference: Sections 1 .^ 1 72 and 
13267, Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21760. SWRCB— Design Report and Operations Plan. 
(CI 5: §2596) 

(a) Design Report. 

( 1 ) Preliminary and As-Built Plans — As part of the report of waste dis- 
charge ("ROWD", including any such report integrated into a Joint Tech- 
nical Document, pursuant to §21585), dischargers who own or operate 
classified waste management units (Units) shall submit, for each such 
Unit, detailed preliminary and (later, after completion) as-built plans, 
specifications, and descriptions for all liners (under §20330) and other 
containment structures (e.g., final cover, under §21090).. leachate collec- 
tion and removal system components (under §20340), leak detection sys- 
tem components [under §20415(b-d)l, precipitation and drainage con- 
trol facilities (under §20365), and interim covers installed or to be 
installed or used (under §20705). In addition, the ROWD shall contain 
adescripuon of, and location data for, ancillary facilifies including roads, 
waste handling areas, buildings, and equipment cleaning facilities, only 
insofar as the locafion and operation of these ancillary facilities could 
have an effect upon water quality. 

(2) [Reserved.] 

(3) Monitoring System Plans and Rationale — Dischargers shall sub- 
mit detailed plans and equipment specifications for compliance with the 
ground water and unsaturated zone monitoring requirements of Article 
1, Subchapter 3, Chapter 3, Subdivision 1 of this division (§20380 et 
seq.). Dischargers shall provide a technical report which includes ratio- 
nale for the spatial distribution of ground water and unsaturated zone 
monitoring facilities, [e.g., the location and design of Monitoring Points 
and Background Monitoring Points for each monitored medium under 
§20415(b-e)], and for the selection of other monitoring equipment. This 
report shall be accompanied by the following information, which shall 
be updated throughout the Unit's active life, closure period, and post- 
closure maintenance period as needed to reflect the as-built system: 

(A) Map — a map showing the locations of proposed monitoring facil- 
ity components; and 

(B) Plans & Specifications— drawings and data showing construction 
details of proposed monitoring facilities. These data shall include: 

1 . casing and test hole diameter; 

2. casing materials (PVC, stainless steel, etc.); 

3. depth of each test hole; 

4. the means by which the size and posifion of perforations shall be de- 
termined, or verified, in the field; 

5. method of joining sections of casing; 

6. nature of filter material; 

7. depth and composition of seals; 

8. method and length of time of development; and 



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Title 27 



(C) Unsaturated Zone Monitoring — specifications, drawings, and 
data for location and installation of unsaturated zone monitoring equip- 
ment. 

(4) Inspection Procedures — Dischargers shall submit proposed con- 
struction and inspection procedures for the Unit [including, after July 1 8, 
1997, a CQA Plan under §2 1 71 0(a)(5)] to the RWQCB for approval. 

(b) Operation Plans — Dischargers shall submit operation plans de- 
scribing those Unit operations which could affect water quality, includ- 
ing but not limited to: 

(1) a description of proposed treatment, storage, and disposal meth- 
ods; 

(2) contingency plans for the failure or breakdown of waste handling 
facilities or containment systems, including notice of any such failure, or 
any detection of waste or leachate in monitoring facilities, to the 
RWQCB, local governments, and water users downgradient of Units; 
and 

(3) a description of inspection and maintenance programs which will 
be undertaken regularly during disposal operations and the post-closure 
maintenance period. 

NoTE: Authority cited: Section 1058, Water Code. Reference: Section 13360, 
Water Code; and Section 43103, Public Resources Code. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 



Subchapter 4. Development of 
Closure/Postclosure Maintenance Plans 

§ 21769. SWRCB— Closure and Post-Closure Maintenance 
Plan Requirements. [C15: §2597 //T14: §17776, 
§1 7778(g), §18260, §18261 .3(a) 
(2 & 7), §18262, §18263, §18264] 

[Note: see also §21790 et seq.\ 

(a) Scope, Applicability, & Purpose — The SWRCB-promulgated 
sections in this subchapter set forth the requirements for the discharger's 
development and implementation of the preliminary and final closure 
and post-closure maintenance plans and for the RWQCB' s review and 
approval of such plans. The SWRCB-promulgated sections of this Sub- 
chapter apply to all dischargers who own or operate a Class II or Class 
III Unit that is subject to the SWRCB-promulgated requirements of this 
subdivision. The purpose of such plans is to ensure that: 

(1) Performance Standards — the discharger will close the Unit, and 
will maintain the Unit during the post-closure maintenance period, in a 
manner that achieves applicable performance standards under 
§2()950(a)(2); and 

(2) Funding — the discharger provides funds, through an acceptable fi- 
nancial mechanism, to acliieve the goals of 0(a)(1). 

(b) Preliminary Closure/Post-Closure Maintenance Plan. 

(1) Purpose — The preliminary closure and post-closure maintenance 
plan for a Unit shall provide a reasonable estimate of the maximum ex- 
pected cost that would be incurred at any time during the Unit' s projected 
life for a third party both to close the Unit and to carry out the first thirty 
years of post-closure maintenance, pursuant to all applicable SWRCB- 
promulgated requirements of this subdivision, including but not limited 
to the closure and post-closure requirements under Subchapter 5 of 
Chapter 3 (§20950 et seq.). 

(2) Contents — For Units not jointly regulated by the RWQCB and the 
CIWMB/EA, this information shall be included as an integrated or sepa- 
rable [e.g., separately bound] part of the ROWD under §21710. For Units 
jointly regulated by both the RWQCB and the CIWMB/EA, this informa- 
tion shall be included as an integral or separable part of the JTD under 
§21585. At a minimum, the plan shall include: 

(A) Cost Analysis — a lump sum estimate of the cost of carrying out all 
actions necessary to close the Unit, to prepare detailed design specifica- 
tions, to develop the final closure and post- closure maintenance plan, 
and to carry out the first thirty years of post-closure maintenance, pur- 



suant to all applicable SWRCB-promulgated requirements of Subchap- 
ter 5 of Chapter 3 (§20950 et seq.); and 

(B) Map — a topographic map. drawn at appropriate scale and contour 
interval, and drawn to an appropriate level of detail, showing: 

1 . the boundaries of the Unit to be closed, including the proposed final 
limits of waste placement; 

2. the boundaries of the facility; and 

3. the boundaries of the waste received, if any, as of the date of the plan 
submittal; 

4. the proposed final contours of the Unit and of its surrounding area; 
and 

5. any changes in surface drainage patterns caused by the proposed fi- 
nal contours of the Unit and of its surrounding area, as compared to the 
preexisting natural drainage patterns. 

(c) Final Closure/Post-Closure Maintenance Plan. 

(1 ) Purpose — The purpose of the final closure and post-closure main- 
tenance plan is: 

(A) to provide, for review by the RWQCB, an accurate, detailed list 
and schedule of all actions necessary to close the Unit and to carry out 
post-closure maintenance in accordance with all applicable SWRCB- 
promulgated requirements of this subdivision, including but not limited 
to the closure and post-closure requirements under Subchapter 5 of 
Chapter 3 (§20950 et seq.); 

(B) to provide, for review by the RWQCB, an accurate estimate of the 
cost of achieving each action listed in the plan; and 

(C) upon the plan's being approved by the RWQCB, to provide an en- 
forceable list and schedule of actions necessary for providing water qual- 
ity protection at the Unit during the closure and post-closure mainte- 
nance periods. 

(2) Contents — The final closure and post-closure maintenance plan 
for the Unit shall include at least the following information. For Units not 
jointly regulated by the RWQCB and the CIWMB/EA, this information 
shall be included as an integrated or separable [e.g., separately bound] 
part of the ROWD under §21710. For Units jointly regulated by both the 
RWQCB and the CIWMB/EA, this information shall be included as an 
integral or separable part of the JTD under §21585. Minimum plan con- 
tents shall include: 

(A) Itemized Cost Analysis — a detailed itemized listing of all actions, 
and their associated costs, necessary to close the Unit and to carry out the 
first thirty years of post-closure maintenance, pursuant to all applicable 
SWRCB-promulgated requirements of Subchapter 5 of Chapter 3 
(§20950 et seq.); 

(B) Closure Schedule — a proposed schedule for final closure includ- 
ing, where appropriate, for incremental closure (complete closure of 
successive portions of the landfill); 

(C) Final Treatment Procedures — a descripfion of any final treatment 
procedures which the discharger proposes to use for the wastes in each 
Unit, including methods for total removal and decontamination, if appli- 
cable. If the discharger is proposing altemaUve treatment or disposal pro- 
cedures for particular Units (or, as appropriate, for the enfire facility), the 
plan shall include a descripfion of the alternatives; 

(D) Map — a topographic map, drawn at appropriate scale and contour 
interval, and drawn to an appropriate level of detail, showing: 

1. the boundaries of the Unit(s) to be closed and of the facility; 

2. the projected final contours of the Unit and its surrounding area; 

3. any changes in surface drainage patterns, as compared to the preex- 
isting natural drainage patterns; and 

4. the final limits of waste placement; 

(E) Changes To Description Under §21750 — a revised and updated 
submittal of any Unit characteristics of the closed Unit to the extent that 
they differ from the description provided by the discharger in the existing 
ROWD (under §21750); 

(F) Changes To Description Under §21760 — a descripfion of the fol- 
lowing aspects of the closed Unit, to the extent that they differ from the 
description provided by the discharger under the Design Report and Op- 
erafions Plan submitted pursuant to §21760: 



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1. the design and the location o1" all features and systems which will 
provide waste containment during the post-closure maintenance period; 

2. the precipitation, drainage, and erosion control features; 

3. the leachate control features and procedures at closed Units, includ- 
ing the design and operation of the LCRS; 

4. a discussion, including a map. of ground water and unsaturated zone 
monitoring programs for the closure and post-closure maintenance peri- 
ods, addressing the location, construction details, and rationale of all 
monitoring facilities; 

(G) MSW— for MSW landfills only, ail additional federal require- 
ments incorporated by reference in SWRCB Resolution No. 93-62 for 
the protection of water quality [see §§258.6()(c-j). and §§258.61 (c)(3) 
and(e)of40CFR258J;and 

(H) Land Use of Closed Unit — the proposed post-closure land use of 
the disposal site and the surrounding area. If the Unit is to be used for pur- 
poses other than nonirrigated open space during the post-closure mainte- 
nance period, the discharger shall submit a map showing all proposed 
structures, landscaping, and related features to be installed and main- 
tained over the final landfill cover. This map shall be at a scale of 1" = 
100' , unless the RWQCB allows use of another scale that is more appro- 
priate to a given Unit, and shall be accompanied by: 

1. Water Balance Analysis — a description and quantification of water 
entering, leaving, and remaining on-site from all sources to determine 
potential adverse impacts due to the proposed use, and corresponding 
mitigative design features and monitoring schemes that will ensure the 
physical and hydraulic integrity of the final cover in spite of the proposed 
post-closure land use; 

2. Water Penetration Detection Method — detailed design plans and 
description(s) of the monitoring schemes, including any associated mon- 
itoring system(s). that will effectively detect penetration of the final cov- 
er by precipitation or applied irrigation waters; and 

3. Final Cover Protection — for Units to be closed after July 18, 1997, 
a description of how the features described in (c)(2)(H) will be installed, 
operated, and maintained in a manner that does not jeopardize the per- 
formance of the final cover [see §20950(a)(2)(A)]. 

(d) Plan Review and Approval — The RWQCB shall review and ap- 
prove all preliminary and final closure and post-closure maintenance 
plans for all portions of the plans which are related to the protection of 
the waters of the state, including the associated CQA plan, for Class II 
Units and Class III landfills. For landfill Units jointly regulated by the 
RWQCB and the CIWMB/EA, the RWQCB 's review and approval of 
preliminary and final closure and post- closure maintenance plans shall 
follow the same schedule as for the development or revision of WDRs 
(see PRC §43506). For landfills, the RWQCB shall review final closure 
and post- closure maintenance plans in coordination with the EA, pur- 
suant to §21 585(b & c). 

NOTH: Authority cited: Section 1058, Water Code. Reference: Section 13360, 
Water Code, and Sections 43103, 43506, 43509 and 43601, Public Resources 
Code. 

History 

1 . New subchapter 4 (sections 21769-21900) and section filed 6-1 8-97; operative 
7-18-97 (Register 97, No. 25). 

2. Amendment of subchapter heading filed 2-25-2008; operative 2-25-2008 pur- 
suant to Government Code section 1 1343.4 (Register 2008, No. 9). 

§ 21 770. CIWMB— Scope and Applicability. (T1 4:§1 8250) 

The CIWMB-promulgated sections in this Subchapter set forth re- 
quirements that are additional to the water quality protection require- 
ments set forth in SWRCB-promulgated §§20950, 21090, and 21769. 
Pursuant to §20005, closure plan review should be coordinated as appro- 
priate with other reviewing agencies. 

(a) The CIWMB-promulgated sections of this Subchapter set forth the 
requirements for the development and approval of closure and postclo- 
sure maintenance plans and their implementation. The development of 
such plans is to ensure that a solid waste landfill will be closed in such 
a manner as to protect the public health, safety and the environment and 
to ensure that adequate resources will be available to properly accom- 



plish closure and to maintain the landfill during postclosure maintenance 
period. 

(b) The regulafions contained in this Subchapter apply to all solid 
waste landfills required to be perinitted pursuant to PRC §44001 et seq. 
that were operafing on or after January 1, 1988. 

(c) The plans required by the CIWMB promulgated sections within 
this Subchapter shall include other pertinent facilities other than surface 
impoundments, waste piles, and LTUs regulated by the RWQCB located 
at the site of the solid waste landfill which are related to the disposal acti- 
vities at the solid waste landfill. 

(d) Closure and Postclosure Maintenance Plans shall be written plans 
to describe the closure of the entire landfill and maintenance require- 
ments after closure in accordance with the requirements of the closure/ 
postclosure standards of Article 2. Subchapter 5. Chapter 3 (§21 100 et 
seq.). The plan shall: 

(1) Identify the steps necessary to close a solid waste landfill at the 
point in its active life when the extent and manner of operation would 
make closure the most expensive; 

(2) Propose a closure that minimizes the extent of postclosure mainte- 
nance necessary while ensuring protection of public health and safety 
and the environment; and 

(3) Provide a third party with specific tasks and cost estimates for the 
closure and postclosure of a solid waste landfill in the event that a third 
party must assume the responsibility for closure and/or postclosure main- 
tenance. 

NOTE: Authority cited: Sections 40502 and 40509, Public Resources Code. Refer- 
ence: Sections 43020, 4302 1 , 43 1 03. 4350 1 . 43509, 44001 and 44002, Public Re- 
sources Code; and Title 40, Code of Federal Regulations. Sections 2.">8.6() and 
258.61. 

History 
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21780. CIWMB— Submittal of Closure and Postclosure 
Maintenance Plans. 

(a) Each submittal shall be certified by a registered civil engineer or 
a cerfified engineering geologist. Each submittal .shall include: 

(1) The preliminary or final closure and postclosure maintenance 
plans containing all of the elements specified under §21790 through 
§21840, as applicable. 

(2) Updated or iniual cost esfimates for closure and postclosure activi- 
ties to reflect the components and requirements under §§218 15, 21 820 
and 21840. Cost estimates shall be based on the current costs on a unit 
basis (unit costs) for closure and postclosure maintenance. Cost estimate 
adjustments based only on inflation factors are not acceptable. 

(3) An updated demonstration of financial responsibility in accor- 
dance with Subchapter 2 of Chapter 6 (§22205 et seq). This demonstra- 
tion shall reflect the updated cost esdmates for closure and postclosure 
acUviiies required under 1[(a)(2). 

(b) The operator shall submit two copies of each document to the EA, 
the RWQCB, the CIWMB and the local air district. All drawings shall be 
submitted at an appropriate scale that cleariy shows all pertinent features. 
The closure and postclosure maintenance plans shall be cleariy marked 
"preliminary" or "final", depending on the status. For partial final clo- 
sure, those sections submitted pursuant to §21800, shall be clearly 
marked "partial final." 

(c) Plans for complete site closure of a solid waste landfill shall be sub- 
mitted in accordance with the following schedule: 

( 1 ) Preliminary closure and postclosure maintenance plans for exist- 
ing solid waste landfills shall be submitted at the time of application for 
each SWFP review or revision. The plans shall be submitted as part of the 
JTD or as a separate document in the form of a distinct component of a 
JTD; 

(2) Preliminary closure and postclosure maintenance plans for new 
landfills not operafing prior to the effective date of the regulations shall 
be submitted as part of the JTD or as a separate document in the form of 
a disfinct component of a JTD at or before the time of application for a 
SWFP. For the purposes of this Subchapter, lateral expansions of land- 
fills are considered new municipal solid waste landfills. 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



(3) Final closure and postclosure maintenance plans for solid waste 
landfills shall be submitted two years prior to the anticipated date of clo- 
sure. Within five years of the anticipated date of closure, the operator 
may submit the final closure and postclosure maintenance plans in lieu 
of submitting new or updated preliminary closure and postclosure main- 
tenance plans. 

(d) Partial final closure of a solid waste landfill shall be allowed in ac- 
cordance with the following: 

( 1 ) For the complete closure of discrete units, partial final closure and 
postclosure maintenance plans shall be submitted for each unit 2 years 
prior to the anticipated date of closure of that discrete unit in accordance 
with §§2 1 800 and 2 1 830. Closure of such a discrete unit shall not com- 
mence until approval of the partial final closure and postclosure mainte- 
nance plans for that discrete unit. The specific closure details for each dis- 
crete unit shall be compatible with closure of the entire landfill; and 

(2) For the implementation of any one or a combination of individual 
final closure activities, partial final closure and postclosure maintenance 
plans for the activities shall be approved before implementation of such 
closure activities. 

(e) If immediate closure of a disposal site is necessary to protect public 
health and safety and the environment, closure plans shall be submitted 
in accordance with a schedule specified by the EA and concurred with 
by the RWQCB and CIWMB. If the RWQCB or CIWMB does not object 
to the schedule within 30 days of written notification by the EA, the 
schedule is deemed concurred with by that agency. An emergency cor- 
rective action plan may be required by the EA, to be submitted for ap- 
proval by the EA. The emergency corrective action plan may be implem- 
ented prior to the submittal of the closure plan. 

(0 If, at its own motion, an operator ceases accepting waste at a landfill 
prior to the anticipated closure date specified in the currently effective 
Solid Waste Facility Permit, and the operator does not intend to receive 
additional waste at the landfill, the operator shall submit final closure and 
postclosure maintenance plans in accordance with a schedule specified 
by the EA and concurred with by the RWQCB and CIWMB. If the 
RWQCB or CIWMB does not object to the schedule within 30 days of 
written notification by the EA, the schedule is deemed concurred with by 
that agency. In no case shall the schedule be longer than six (6) months 
from the date the operator ceased accepting waste at the landfill. 

(g) The owner or operator of a MSWLF unit shall notify the EA that 
closure and postclosure maintenance plans have been prepared and 
placed in the operating record in accordance with 40 CFR 258.60(d) and 
258.61(d). 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021, 43022 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of subsections (b)-(e), new subsection (f), subsection relettering 
and amendment of Note filed 2-25-2003; operative 2-25-2003 pursuant to 
Government Code section 1 1343.4 (Register 2003, No. 9). 

3. Amendment of section heading, subsection (a)(2) and Note filed 2-25-2008; 
operative 2-25-2008 pursuant to Government Code section 11.M3.4 (Register 
2008, No. 9). 

§ 21 785. CIWMB — Labor Transition Plan. 

(a) Each submittal of afmal closure plan pursuant to § 21780(c)(3), (e), 
or (f) shall also include the submittal of a Labor Transition Plan (LTP) 
that includes all of the following. 

( 1 ) Provisions that ensure, subject to any requireinents already estab- 
lished pursuant to a collective bargaining agreement, preferential reem- 
ployment and transfer rights of displaced employees to comparable 
available employment with the same employer for a period of no less than 
one year following the closure of the solid waste facility. 

(2) Provisions to provide displaced employees assistance in finding 
comparable employment with other employers. 

(3) Provisions to ensure compHance with all applicable provisions of 
Chapter 4 (commencing with Section 1400) of Part of 4 of Division 2 of 
the Labor Code. 



(b) Each submittal of a LTP shall also include a certification that the 
provisions described in ( 1) to (3), inclusive, of subdivision (a), will be im- 
plemented, subject to any requirements already established under a col- 
lective bargaining agreement. 

(c) The LTP shall be submitted to the EA. 

(d) The certification shall be submitted to the CIWMB and the EA. 

(e) For the purposes of the secfion, '"comparable employment" means 
the same or a substantially similar job classification at equal or greater 
wage and benefit levels in the same geographic region of the state. 

(f) The provisions of this secfion do not apply to submittal of prelimi- 
nary plans, partial final plans, revised final plans in the review process 
that have been accepted for filing prior to January 1 . 2004, or to revisions 
of previously approved final plans. Cost estimates or financial assur- 
ances for implementation of the LTP are not required. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020. 43021. 43022, 43103 and 43501.5, Public Resources Code. 

History 
1. Change without regulatory effect adopting new section filed 10-18-2004 pur- 
suant to section 100, title ],CalilbmiaCodeof Regulations (Register 2004, No. 
43). 

§ 21790. CIWMB— Preliminary Closure Plan Contents. 

(a) The purpose of the preliminary plan is to provide a basis for the op- 
erator to establish a preliminary esfimate of closure costs cerfified for ac- 
curacy by a registered civil engineer or cerfified engineering geologist, 
and enable the CIWMB to assess the reasonableness of the cost esfimate 
for non-water quality aspects of closure. 

(b) The plan shall idenfify the steps necessary to perform either partial 
final closure, in accordance with §21120, or complete landfill closure 
and shall include, but is not limited to, the following information: 

(1) a closure cost estimate pursuant to §§21815 and 21820; 

(2) location maps indicating property boundaries and the existing, per- 
mitted, and proposed final limits of waste placement; entry roads; and 
structures outside the property boundary but within 1000 feet of the prop- 
erty boundary. A location map shall also be included showing the general 
location of the landfill; 

(3) [Reserved]; 

(4) a location map of the current monitoring and control systems in- 
cluding: leachate control and drainage and erosion control systems as re- 
quired pursuant to chapter 3 (§201 80 et seq.); landfill gas monitoring and 
control systems as required pursuant to chapter 3 (§20180 et seq.); 

(5) a description of proposed postclosure land uses; 

(6) an esfimate of the maximum extent of the landfill that will ever re- 
quire closure at any given fime during the life of the landfill; 

(7) an estimate of the closure date based on volumetric calculations, 
including supporting documentation. The estimate shall account for the 
effects of settlement and for volume occupied by daily cover material; 
and 

(8) a preliminary descripfion of closure acfivities including schedules 
for implementafion. The acfivities described shall include, but are not 
limited to: 

(A) site security and structure removal pursuant to §§21135 and 
21137; 

(B) final cover and grading pursuant to §§21 140 and 21 142. The de- 
scripfion shall include type of materials and esfimate of the volume or 
amount needed of each type of material. If on site materials are planned 
for use in the final cover for the low permeability layer, test results con- 
firming the suitability of such materials shall be included; 

(C) construcfion quality assurance methods pursuant to §§20323 & 
20324; 

(D) drainage and erosion control systems pursuant to §21 150; 

(E) landfill gas monitoring and control systems pursuant to Article 6, 
Subchapter 4, Chapter 3 (§20920 et seq.); 

(F) leachate monitoring and control measures pursuant to §21 160. 
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operafive 7-18-97 (Register 97, No. 25). 



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• 



2. Change without regulatory effect amending subsection (b)(4) filed 3-8-99 pur- 
suant to section 100. title 1. California Code of Reeiilations (Register 99. No. 
11). 

?>. Amendment of section heading, subsection (b)(1) and Note filed 2-25-2008; 
operative 2-2,5-2008 pursuant to Government Code section 1 1.343.4 (Register 
2008. No. 9). 

§ 21 800. CIWMB— Final Closure Plan Contents. 

(a) The purpose of the final closure plan is to provide a basis for the 
operator to establish an accurate detailed estimate of closure costs certi- 
fied for accuracy by a registered civil engineer or certified engineering 
geologist, enable the CIWMB to assess the reasonableness of the cost es- 
timate for non-water quality aspects of closure, provide a detailed plan 
and schedule for the operator to implement upon closure of the landfill, 
and allow monitoring of closure activities to determine that all require- 
ments of landfill closure have been implemented in accordance with the 
appropriate plan. 

(b) Final closure plans for partial final closure (i.e. the complete clo- 
sure of discrete units) shall conform to the requirements of this section. 
Final closure plans for partial closure (i.e. implementation of any one or 
a combination of individual final closure activities) shall conform to the 
requirements of this section as applicable. 

(c) The final closure plan shall include, but is not limited to, a detailed 
description of each item contained in §2 1 790(b)( 1 ) through (b)(8). In ad- 
dition, the final closure plan shall include a detailed description of the se- 
quence of closure .stages, giving tentative implementation dates. 

(d) The final closure plan shall also include a detailed schedule for dis- 
bursement of funds for closure activities. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 4.3021 and 43103. Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and subsection (d), repealer of subsections 
(d)( 1 )-(2) and amendment of Note filed 2-25-2008; operative 2-25-2008 pur- 
suant to Government Code section 1 1343.4 (Register 2008, No. 9). 

§ 21 805. Combined CiWMB and SWRCB Final Closure 

Plan Contents for Federal Subtitle D Research, 
Development, and Demonstration Permits. 

The final closure plan shall describe how the facility will comply with 
Section 20070 of Chapter 1 of this Division, if applicable, and include the 
specific variance(s) in criteria requested; project research goals; environ- 
mental monitoring, contingency and mitigation measures to be imple- 
mented for the project; and performance measures to determine to what 
extent the site is progressing in attaining project goals and protection of 
public health and safety and the environment. The description shall also 
include a summary and protocols for: I . project controls to compare proj- 
ect performance with an equivalent or similar operation or activity not 
authorized by section 20070; 2. if applicable, processing of materials 
prior to placement in the MSWLF Unit at the facility; 3. potential accu- 
mulation of constituents of concern as defined in section 20164 of Chap- 
ter I of this Division; 4. if applicable, energy recovery; and 5. if apphca- 
ble, impacts to postclosure maintenance. The description shall be 
incorporated in each applicable section of the final closure plan, in addi- 
tion to a separate section describing the overall project. 
NOTE: Authority cited: Sections 40.502, 43020 and 43021, Public Resources 
Code. Reference: Sections 40053, 40508, 43020 and 43021, Public Resources 
Code; and 40 CFR Section 258.4. 

HtSTORY 
1. New section filed 9-29-2005; operative 9-29-2005 pursuant to Government 

Code secnon 1 1.343.4 (Register 2005, No. 39). 

§ 21810. CIWMB— Final Closure Plan Contents for Clean 
Closure, (new) 

[Note: see also the SWRCB s clean closure requirements under 
§21090(f)] 

(a) The operator of a solid waste landfill may submit a closure plan for 
solid waste landfills that will be closed by removing solid wastes and 
contaminated soils (clean closure). 

(b) The purpose of the plan for clean closure is to: 



(1 ) establish a closure method for a disposal site that will partially or 
completely remove solid wastes and contaminated soils to provide reme- 
diation of a threat to public health and safety, reduce or eliminate the need 
for postclosure maintenance, prepare the site for postclosure land uses, 
or recover materials for recycling or reuse: 

(2) provide a basis for the operator to establish an accurate detailed 
cost estimate for clean closure of the site; and 

(3) provide a plan and schedule for the operator to implement at the 
time of closure. 

(c) Each submittal shall be certified by a registered civil engineer or 
a certified engineering geologist. The minimum components of a plan for 
clean closure shall include, but not be liinited to: 

(1) a detailed implementation schedule for clean closure activities; 

(2) a characterization of the site conditions to define the extent and 
character of wastes present and the levels and extent of any soil contami- 
nation; 

(3) a descripfion of the excavation and material management proce- 
dures to be followed; 

(4) a descripfion of health and safety procedures to be followed and 
specific measures to protect public health and safety during clean closure 
acfivifies; and 

(5) [Reserved]. 

(d) The plan for clean closure shall also include a detailed schedule for 
disbursement of funds for closure activities in accordance with 
§2 1800(d). 

(e) After clean closure activities are completed, a verificafion report 
confirming that waste and residual contaminated soils have been re- 
moved shall be prepared by a registered civil engineer or a certified engi- 
neering geologist and submitted for approval to the EA and the CIWMB. 
The report shall include the following information as appropriate: 

( 1 ) if the plan for clean closure was part of a remedial action, a descrip- 
tion of any postclosure maintenance activities needed to comply with the 
implementation of the remedial acUon plan. In such cases the unit will not 
be deemed clean closed unfil completion of the corrective acfion. 

(2) if all solid waste and contaminated soils are not removed, closure 
and postclosure maintenance plans and a financial assurances mecha- 
nism for closure and postclosure maintenance. Such a unit shall not be 
regarded as having been clean closed (see §21090(f))- 

NOTE: Authority cited: Section 40502, Public Resources Code; and Section 
66796.22(d), Government Code. Reference: Sections 66796.22(b) and 
66796.22(d), Government Code; and Sections 43020, 43021 and 43103, Public 
Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

§ 21 81 5. CIWMB — General Criteria for Cost Estimates. 

(a) Cost esfimates shall be based on costs the state may incur if the state 
would have to assume responsibility for the closure or postclosure main- 
tenance due to the failure of the operator to properly and adequately per- 
form any or all of those activifies. 

(b) Cost esfimates shall include, but not limited to,: 

(1) Estimates in compliance with §§1770, 1773, and 1773.1 of the La- 
bor Code; 

(2) California Department of Transportation (Caltrans) Labor Sur- 
charge and Equipment Rental Rates; and 

(3) Caltrans "Force Account Payment" included in Section 9-1.03 of 
the Caltrans Standard Specifications (May 2006). 

(c) An operator may propose and the CIWMB may accept alternative 
costs for those included in fll(b)(2) and (3) if the operator provides ade- 
quate justificafion for the use of alternative costs. 

(d) Cost estimates shall be supported by adequate documentation to 
jusfify the esfimates. This documentation shall be submitted with the esti- 
mate(s). 

(e) Prior to the initiafion of closure acfivities, the operator shall submit 
one of the following: 

(1) a statement that the expected cost for closure construcfion (based 
on submitted contractor bids or other appropriate documentation) will be 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 27 



equal lo or less than the cost estimate included in the approved final clo- 
sure plan or 

(2) a revised cost estimate that reflects the expected costs (based on 
submitted contractor bids or other appropriate documentation). 
NOTF,: Authority cited: Sections 40502 and 43501 , Public Resources Code. Refer- 
ence: Sections 43020. 4.3021, 43103 and 43501, Public Resources Code. 

History 
1. New section filed 2-25-2008; operative 2-25-2008 pursuant to Government 

Code section 1 1343.4 (Register 2008, No. 9). 

§ 21 820. CIWMB— Closure Cost Estimates. 

(a) The operator shall provide a written cost estimate, in current dol- 
lars, of the cost of hiring a third party to close the landfill in accordance 
with the submitted closure plan. Cost estimates shall meet the following 
criteria: 

( 1 ) Cost estimates shall equal the cost of closing the landfill at the point 
in its active life when the extent and manner of operation would make clo- 
sure the most expensive, as indicated by the closure plan; 

(2) Cost estimates shall be developed for the activities anticipated for 
scheduled closure. The closure cost estimate shall always be high enough 
to ensure that, if, at any time, the landfill had to begin to close, the cost 
of activities for closure would not exceed the cost estimate; 

(3) Cost estimates shall include or reflect the design, materials, equip- 
ment, labor, administration and quality assurance necessary for closure; 

(4) The total closure cost estimate shall be increased by a factor of 20% 
to account for cost over-runs due to unforeseen circumstances, such as 
adverse weather conditions and inadequate site characterization, which 
would result in increased closure costs. The operator may apply to the 
CIWMB for, and the CIWMB may approve, a contingency percentage 
of less than 20% at the time that the final closure plan is approved, pro- 
vided that the CIWMB finds that a lesser percentage will provide accept- 
able coverage of potential cost overruns; 

(5) The operator shall increase the closure cost estimate when changes 
to the plan or at the landfill increase the cost of closure; and 

(6) The operator may reduce the closure cost estimate when changes 
to the plan or at the landfill decrease the costs of closure. The request for 
reduction shall be submitted to the CIWMB for approval. 

(b) Closure cost estimates shall include, but are not limited to, the fol- 
lowing information: 

(1) If the documents are preliminary closure and postclosure mainte- 
nance plans, an estimate of the cost of developing final closure and post- 
closure maintenance plans; 

(2) an estimate of the cost to prepare plans and specifications, bidding 
documents, and other construction related documents; and 

(3) an estimate of the cost of closure activities including schedules for 
implementation activities. The activities described shall include, but are 
not limited to, an estimate of the cost: 

(A) to install or upgrade site security; 

(B) for structure removal; 

(C) to install or upgrade the monitoring and control systems, including 
landfill gas. leachate, and ground water systems. 

(D) to install the final cover; and 

(E) to install or upgrade drainage and erosion control systems. 
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020, 43021 and 43103, Public Resources Code. 

History 

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, section and Note filed 2-25-2008; operative 
2-25-2008 pursuant to Government Code section 1 1343.4 (Register 2008, No. 
9). 

§ 21825. CIWMB — Preliminary Postclosure Maintenance 
Plan Contents. 

(a) The purpose of the preliminary postclosure maintenance plan is to 
provide a basis for the operator to establish a preliminary estimate of 
postclosure monitoring, maintenance, and inspection costs certified for 
accuracy by a registered civil engineer or certified engineering geologist, 
and enable the CIWMB to assess the reasonableness of the cost estimate. 



(b) The preliminary postclosure maintenance plan shall include, but is 
not limited to the following information: 

( 1 ) a description of the planned uses of the property during the postclo- 
sure maintenance period in accordance with §21 190; 

(2) a preliminary description of the methods, procedures, and pro- 
cesses that will be used to maintain, monitor and inspect the closed land- 
till during the postclosure maintenance period to comply with §21 180; 
and 

(3) a postclosure maintenance cost estimate pursuant to §§21815 and 
21840. 

NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec- 
tions 43020, 4.3021 and 43103, Public Resources Code. 

History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading and subsections (b)(1) and (2), new subsection 
(b)(3) and amendment of Note filed 2-25-2008; operative 2-25-2008 pur- 
suant to Government Code section 1 1 343.4 (Register 2008. No. 9). 

§ 21830. CIWMB— Final Postclosure Maintenance Plan 
Contents. 

(a) The purpose of the final postclosure maintenance plan is to provide 
a basis for the operator to establish an accurate detailed cost estimate cer- 
tified for accuracy by a registered civil engineer or certified engineering 
geologist, enable the CIWMB to assess the reasonableness of the cost es- 
timate, and provide a detailed plan for the inspection, maintenance, and 
monitoring of the landfill during the postclosure maintenance period. 

(b) The final postclosure maintenance plan shall include, but is not 
limited to, the following information: 

(1) the emergency response plan as required by §21 130 of Chapter 3, 
Subchapter 5; 

(2) the persons or companies responsible for each aspect of postclo- 
sure maintenance, and their addresses and telephone numbers; 

(3) a description of the planned uses of the property during the postclo- 
sure maintenance period in accordance with §21 190 of Chapter 3, Sub- 
chapter 5; 

(4) an as-built description of the current monitoring and control sys- 
tems at the landfill including a detailed description of any proposed 
changes to be implemented as part of closure. This description shall be 
kept current throughout the postclosure maintenance period; 

(5) a detailed description of the methods, procedures and processes 
that will be used to maintain, monitor and inspect the closed landfill dur- 
ing the postclosure maintenance period to comply with §21 180 of Chap- 
ter 3, Subchapter 5; 

(6) an operations and maintenance plan for the gas control system; 

(7) a sutnmary of the requirements for reporting the results of monitor- 
ing and collection, pursuant to section §21 180 of chapter 3, Subchapter 
5; and 

(8) the postclosure maintenance cost estimates pursuant to §§21815 
and 21840 of this Subchapter. 

NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec- 
tions 43020. 43021 and 43103, Public Resources Code. 

History 

1 . New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 

2. Amendment of section heading, subsections (b)(7)-(8) and Note filed 
2-25-2008; operative 2-25-2008 pursuant to Government Code section 
1 1 343.4 (Register 2008, No. 9). 

§ 21 835. Combined CIWMB and SWRCB Final Postclosure 
Maintenance Plan Contents for Federal Subtitle 
D Research, Development, and Demonstration 
Permits. 

The final postclosure maintenance plan shall describe how the facility 
will comply with Section 20070 of Chapter 1 of this Division, if applica- 
ble, and include the specific variance(s) in criteria requested; project re- 
search goals; environmental monitoring, contingency and mitigation 
measures to be implemented for the project; and performance measures 
to determine to what extent the site is progressing in attaining project 
goals and protection of public health and safety and the environment. The 
description shall also include a summary and protocols for : 1 . project 



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controls to compare project performance with an equivalen